HomeMy WebLinkAboutORD 1296ORD 129679wS ×P % `˜ö URGENCY
ORDINANCE NO. 1296
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF BALDWIN PARK, CALIFORNIA ADDING CHAPTER
133 TO THE BALDWIN PARK MUNICIPAL CODE RELATING
TO THE PROXIMITY OF REGISTERED SEX OFFENDERS TO
CHILDREN'S FACILITIES
WHEREAS, on November 7, 2006, the voters of the State of California
overwhelmingly approved Proposition 83, The Sexual Predator Punishment and
Control Act: Jessica's Law," so as to better protect Californians, and the children of this
State in particular, from sex offenders; and
WHEREAS, among other items, Proposition 83 enacts new subsection b) of
Penal Code Section 3003.5 which make it unlawful for any registered sex offender to
reside within 2000 feet of any public or private school, or any park where children
regularly gather; and
WHEREAS, in addition, Proposition 83 specifies in new subsection c) of Penal
Code Section 3003.5 that municipal jurisdictions may enact local ordinances that further
restrict the residency of such persons; and
WHEREAS, the City Council of the City of Baldwin Park has determined that the
factors set forth in Section 2 of Proposition 83, including the high recidivism rate of sex
offenders and the frequency with which they prey on victims under the age of 18, make
it incumbent upon the City of Baldwin Park to enact such additional restrictions as well
as to control other behavior by sex offenders which increases the potential for their
victimization of children;
NOW, THEREFORE, the City Council of the City of Baldwin Park does hereby
ordain as follows:
SECTION 1. The City Council hereby finds and determines as follows:
A. Each recital set forth above is hereby incorporated in full as a finding of
fact by this City Council.
B. The residency restrictions implemented by Proposition 83, together with
the possibility for additional residency restrictions which may be implemented by cities
near Baldwin Park, could cause an increase in the number of registered sex offenders
who would establish residency in Baldwin Park in the absence of additional restrictions
within this City.
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C. An ordinance establishing residency restrictions for registered sex
offenders within the City of Baldwin Park is required for the immediate preservation of
the public peace, health, or safety.
SECTION 2. Chapter 133 is hereby added to the Baldwin Park Municipal Code
to read as follows:
CHAPTER 133: PROXIMITY RESTRICTIONS FOR
REGISTERED SEX OFFENDERS
133.01 Definitions
When used in this Chapter, the following words, terms and phrases shall
have the meanings ascribed to them in this Section.
Child" or children" shall mean any person under the age of eighteen 18)
years of age.
Children's facility" shall mean any child day care facility, public library,
commercial establishment which provides any area in or adjacent to such
establishment as a children's playground, or school bus stop location.
Child day care center" shall mean facility that provides non-medical care
to children in need of personal services, supervision, or assistance
essential for sustaining the activities of daily living or for the protection of
the individual on less than a twenty four 24) hour basis, including but not
limited to any family day care home, infant center, preschool, extended-
day care facility, or school-age child care center.
Loitering" shall mean to delay or linger for the purpose of committing a
crime as opportunity may be discovered.
Sex Offender" shall mean any person who has been required to register
with a governmental entity as a sex offender, including but not limited to
any person required to so register pursuant to California Penal Code
section 290.
133.02 Restriction on Residency
It is unlawful for any Sex Offender to reside within two thousand 2000)
feet of any children's facility within the City.
133.03 Prohibition against Loitering
It is unlawful for any Sex Offender to loiter within three hundred 300) feet
of any children's facility within the City.
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133.04 Prohibition against Returning to a Site
It is unlawful for any Sex Offender to return to any location within three
hundred 300) feet of any children's facility at any time after having been
notified to leave such children's facility by the owner or any authorized
official of such children's facility.
SECTION 3. Notwithstanding any provision of this ordinance to the contrary, any
Sex Offender legally occupying any residence within the City of Baldwin Park prior to
the effective date of this ordinance may continue to occupy such residence and shall
not be deemed in violation of Baldwin Park Municipal Code Section 133.02 by reason of
such occupancy. Should such Sex Offender move after the effective date of this
ordinance, the provisions of Baldwin Park Municipal Code Section 133.02 shall apply.
SECTION 4. The Baldwin Park Police Department is directed to send a copy of
this ordinance to each Sex Offender who on the effective date of this ordinance is living
within the City of Baldwin Park.
SECTION 5. This ordinance is an urgency ordinance adopted by not less than
four-fifths of the City Council, pursuant to the facts constituting the urgency as set forth
in Section 1 of this ordinance. Pursuant to Government Code Section 36937, this
ordinance shall take effect immediately upon its adoption.
PASSED AND APPROVED on the 6th day of December, 2006.
MANU LSYlANO, MAYOR
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Ordinance 1296
Page 4
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
CITY OF BALDWIN PARK T
I, ROSEMARY M. GUTIERREZ, Chief Deputy City Clerk, of the City of Baldwin
Park, do hereby certify that the foregoing Ordinance 1296 was adopted on URGENCY
at a meeting of the City Council held on December 6, 2006, by the following vote of the
Council:
AYES: COUNCILMEMBERS: Anthony J. Bejarano, Marlen Garcia, Ricardo
Pacheco, Mayor Pro Tern David J. Olivas and
Mayor Manuel Lozano
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
ROSEMA M- GLLTIG~REZ
CHIEF DE UTY CITY CLERK
I
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39091-U01
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1296-U02
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FO84123-U03
DO98041-U03
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1/9/2007-U04
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