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HomeMy WebLinkAboutORD 1369 ORDINANCE NO. 1369 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK REPEALING CHAPTER 133 OF TITLE XIII, GENERAL OFFENSES, OF THE BALDWIN PARK MUNICIPAL CODE WHEREAS, the City has adopted Chapter 133 of the Baldwin Park Municipal Code ("BPMC"), which imposes proximity restrictions for registered sex offenders; and WHEREAS, BPMC Chapter 133 imposes both movement and residency restrictions on registered sex offenders; 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 repeal Chapter 133 because it is preempted by state law; and WHEREAS, the City Council has already voted to suspend enforcement of Chapter 133 at the October 15, 2014 regular meeting, and now desires to repeal Chapter 133 in its entirety; and WHEREAS, the City has found that this ordinance is an urgency ordinance because further enforcement of Chapter 133 potentially affects constitutional rights. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Baldwin Park Municipal Code Chapter 133 is hereby repealed in its entirety. Section 2. The Chief Executive Officer or its designee is authorized to take action as may be necessary to implement this ordinance. Section 3. The Mayor or presiding officer of the City of Baldwin Park City Council is hereby authorized to affix his/her signature to this Ordinance signifying its adoption by the City Council of the City of Baldwin Park. Section 4. The City Clerk of the City of Baldwin Park shall certify to the adoption of this Ordinance and cause the same to be posted and/or published as required by law. Section 5. That by four-fifth's vote of the City Council, there is an urgency, because further enforcement of Chapter 133 potentially affects constitutional rights, and that the urgency permits this ordinance to take effect immediately. Section 6. If any chapter, section, subsection, subdivision, paragraph, sentence, clause or phrase, or portion of this Ordinance, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or its application to other persons. The City Council hereby declares that it would have adopted this Ordinance and each chapter, section, subsection, subdivision, paragraph, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions of the application thereof to any person, be declared invalid or unconstitutional. PASSED, APPROVED AND ADOPTED by the City Council of the City of Baldwin Park this /f"' day of Fromm"y , 2015. Ia, . �.bbi anue°= ano, ayor ATTEST: II i/ __,../ Alejandra /4C y Clerk • AYES: LOZANO, BACA, GARCIA, PACHECHO, RUBIO NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. Ordinance No. 1369 Page 2