HomeMy WebLinkAboutORD 1370 l
ORDINANCE NO. 1370
AN 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.
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 Baldwin Park Municipal Code Chapter 133 is hereby repealed in its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. This Ordinance shall go into effect and be in full force and operation
from and after thirty (30) days from the date of its final passage and adoption.
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 4th day of March, 2015.
P
Man an•, ayor
ATTEST: /
Alej: dra AV a, City C erk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF BALDWIN PARK
I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify
that the foregoing Ordinance 1370 was introduced at a regular meeting of the City
Council held on February 18, 2015, and was adopted by the City Council at its regular
meeting held on March 4, 2015, by the following vote of Council:
AYES: COUNCILMEMBER(S): Baca, Garcia, Lozano, Pacheco, Rubio
NOES: COUNCILMEMBER(S): None.
ABSENT: COUNCILMEMBER(S): None.
ABSTAIN: COUNCILMEMBER(S): None.
Ordinance No. 1370
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