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Home My WebLink About2014 039 CC RESO RESOLUTION NO. 2014-039 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, SUSPENDING ENFORCEMENT OF CERTAIN PROVISIONS OF THE BALDWIN PARK MUNICIPAL CODE REGARDING SEX OFFENDER RESIDENCY AND MOVEMENT RESTRICTIONS WHEREAS, the City has adopted Chapter 133 of the Baldwin Park Municipal Code ("BPMC") chic 'imposes proximity restrictions for registered sex offenders; and WHEREAS, BPMC Chapter 133 imposes both movement and residency restrictions on registered sex offenders; and WHEREAS, residency restriction are permissible pursuant to authority granted by Penal Code §3003.5; and WHEREAS, there have been challenges to such residency and movement restrictions, as seen in People v. Nguyen and In Re Taylor; and WHEREAS, the City has conducted its own independent analysis and has determined that the City should consider suspending enforcement of Chapter 133, pending final judicial determination of such matters; and WHEREAS, the City desires to suspend enforcement Of Chapter 133 pending judicial determination or confirmation of such restrictions in court, which should be forthcoming in the near future. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City shall suspend enforcement of Chapter 133 of the Baldwin Park Municipal Code, pending judicial determination of the matter. PASSED, APPROVED AND ADOPTED this 1, th . o • . ober, 2014. MANUEL LOZANO MAYOR Resolution 2014-039 Page 2 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I, Alejandro Avila, City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing Resolution was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting thereof, held on the 15th day of October, 2014 by the following vote: AYES: COUNCILMEMBERS: Baca, Garcia, Lozano, Rubio, Pacheco NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None , / / ice° Alejan:ra Av. a CITY CLERK