HomeMy WebLinkAboutNS-2862 - Repealing Chapter 10, Article XII of Santa Ana Municipal Code Pertaining to Proximity of Registered Sex Offenders to Children's FacilitiesORDINANCE NO. NS -2862
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA REPEALING CHAPTER 10, ARTICLE XII
OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO
PROXIMITY OF REGISTERED SEX OFFENDERS TO
CHILDREN'S FACILITIES
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. On June 4, 2012 the City Council of the City of Santa Ana (the "City
Council ") adopted Ordinance No. NS -2832, amending Article XII, sections
10 -700 to 10 -706 to the Santa Ana Municipal Code, thereby adding
additional regulations which restrict the proximity of registered sex
offenders to children's facilities.
B. The California Court of Appeal decisions in People v. Godinez (2014) WL
99188 and People v. Nguyen (2014) 222 Cal.AppAth 1168, held that local
ordinances regulating and restricting access to parks and other public
facilities by registered sex offenders conflict with, and are preempted by,
California state law because of the comprehensive regulatory scheme set
forth in the California Penal Code (including Penal Code §§ 290 through
294 and Penal Code §§ 626.81, 653b, 653c, 3000.07, 3003.5, 3004, and
3053.8).
C. On April 23, 2014, the California Supreme Court denied the petition for
review of the Court of Appeal decisions in Godinez and Nguyen. As a
result, the Court of Appeal rulings are final.
D. Chapter 10, Article XII of the Santa Ana Municipal Code restricts sex
offenders from accessing certain public facilities in a manner similar to
those ordinances at issue in both the Godinez and Nguyen cases.
Because both of these ordinances were invalidated based on preemption
grounds, the Santa Ana restrictions are effectively preempted as well.
E. The City Council of Santa Ana thus hereby adopts this Ordinance to
conform to the California Court of Appeal decisions and to avoid litigation
with any person or organization seeking repeal of city ordinances which
are not consistent with the rulings of the Godinez and Nguyen cases.
Ordinance No. NS -2862
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Section 2. Chapter 10, Article XII of the Santa Ana Municipal Code is hereby
deleted in its entirety to read as follows:
Secs. 10- 700 -10 -706. Reserved.
ADOPTED this 17th day of June, 2014
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
AYES: Councilmembers: Amezcua, Benavides Martinez Revna, Pulido,
Sarmiento (6)
NOES: Councilmembers: None (0)
ABSTAIN: Councilmembers: None (0)
NOT PRESENT: Councilmembers: Tinaiero (1)
Ordinance No. NS -2862
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CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the
attached Ordinance No. NS -2862 to be the original ordinance adopted by the
City Council of the City of Santa Ana on June 17, 2014, and that said ordinance
was published in accordance with the Charter of the City of Santa Ana.
Date: Yr]ry 0` z ,>
Clerk of the Council
City of Santa Ana
Ordinance No. NS -2862
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