Ordinance No. 859 - Restrictions for Registered Sex OffendersORDINANCE NO. 859
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD AMENDING CHAPTER 9 OF THE ROSEMEAD
MUNICIPAL CODE TO INCLUDE RESIDENCY RESTRICTIONS
FOR REGISTERED SEX OFFENDERS.
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" ("SPPCA"), so as to better protect Californians, and
the children of this State in particular, from sex offenders; and
WHEREAS, among other items, SPPCA sets forth a 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, SPPCA specifies in new subsection (c) of Penal
Code Section 3003.5 that municipal jurisdictions may enact local ordinances that
further restricts residency of such persons; and
WHEREAS, the City Council of the City of Rosemead 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 Rosemead to enact such
additional restrictions as well as to control other behavior by sex offenders which
increases the potential for their victimization of children; and
WHEREAS, the residency restriction implemented by SPPCA, together
• with the possibility for additional residency restrictions which may be
implemented by cities near Rosemead, could cause an increase in the number of
registered sex offenders who would establish residency in Rosemead in the
absence of additional restrictions within the City; and
WHEREAS, an ordinance establishing residency restrictions for registered
sex offenders within the City of Rosemead is required for the immediate
preservation of the public peace, health, or safety,
WHEREAS, because 2 recent federal district cases applying California
law, Doe v. Schwarzenegger, 476 F. Supp. 2d 1178 (E.D. Cal 2007) and Doe v.
Schwarzenegger, 2007 U.S. Dist. Lexis 16244 (N.D. Cal. 2007), have held that
SPPCA shall only have prospective and not retroactive effect; and
NOW, THEREFORE, the City Council of the City of Rosemead does
hereby ordain as follows:
SECTION NO. 1: Chapter 9.30 is hereby added to Title 9 the Rosemead
Municipal Code to read as follows:
Page 1 of 3
CHAPTER 9.30: RESIDENCY RESTRICTIONS FOR REGISTERED SEX
OFFENDERS
9.30.010 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 that provides any area in or adjacent to such
establishment as a children's playground, school bus stop location, or any
• location that facilitates on their property classes or group activities for
children.
"Child day care facility' 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.
"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.
• 9.30.020 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.
9.30.030 Application of Residency Restriction
The provisions of this chapter shall not apply retroactively and shall only have
prospective effect such that the provisions of this chapter shall only apply to
persons who are required to register with a governmental entity as a sex
offender pursuant to Penal Code section 290 and who were released after the
effective date of this ordinance.
Page 2 of 3
SECTION NO. 2: The Rosemead 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 Rosemead.
APPROVED AND ADOPTED this "'day of l ece ~ , 2007.
ATTEST:' '
City Clerk
I, C"1\or\G ~1~~eccl , CITY CLERK of the City of Rosemead,
California, do hereby certify that the foregoing Ordinance was regularly
introduced and placed upon its first reading at a regular meeting of the City
Council on the Zb day of N,yemha(-2007. That thereafter said Ordinance was
duly adopted and passed at a regular meeting of the City Council on the
11 th day of 1 reml , 2007 by the following vote:
AYES:
• NOES:
ABSENT:
City Clerk
Page 3 of 3
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF ROSEMEAD 1
I, Gloria Molleda, Acting City Clerk of the City of Rosemead, do hereby certify
that the Ordinance No. 859 was duly and regularly approved and adopted by the
Rosemead City Council on the December 11, 2007 by the following vote to wit:
Yes: CLARK, LOW, NUNEZ, TAYLOR, TRAN
• No: NONE
Absent: NONE
Abstain: NONE
QA _~~9~
Gloria Molleda
Acting City Clerk
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