CC - Item 6E - Residency Restrictions for Registered Sex Offenders 1st ReadingROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLC= MAYOR AND CITY COUNCIL
FROM: OLIVER CHI, CITY IMANAGER
DATE: NOVEMBER 20, 20137
SUBJECT: AN ORDINANCE OF TFiE CITY COUNCIL OF THE CITY OF
ROSEMEAD AMENDING CHAPTER 9 OF THE ROSEMEAD
MUNICIPAL CODE TO INCLUDE RESIDENCY RESTRICTIONS FOR
REGISTERED SEX OFFENDERS-FIRST READING
SUMMARY
On November 7, 2006, the voters of the State .of California overwhelmingly approved
Proposition 83, "The Sexual Predator Punishmej'~j and Control Act: Jessica's Laval"
("SPPCA"), so as to better protect Californians and the children of this State in
particular, from sex offenders. Among other things, SPPCA added subsection (b) of
Penal Code Section 3003.5 which makes 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. In addition, SPPCA added subsection (c) of Penal Code Section
3003.5 which set forth that municipalities may enact local ordinances that further
restricts residency of such persons.
Staff Recommendation
Staff recommends that the City Council adopt the Ordinance 859 Amending Chapter 9
of the Rosemead Municipal Code to Include Residency Restrictions for Registered Sex
Offenders.
BACKGROUND
A review of the findings set forth in Section 2 of Proposition 83 indicates that there is a
high recidivism rate among sex offenders with regard to the frequency with which they
prey on victims under the age of 18. Therefore, the City will benefit from the enactment
of additional restrictions (authorized by SPPCA) on sex offender residency near
locations where children congregate. Such restrictions will give the City at least some
degree of control over the behavior of registered sex offenders and will decrease the
potential for the victimization of the City's children by recidivist sex offenders. Currently,
no restrictions on sex offender residency are contained in the municipal code.
Specifically, the proposed ordinance will add to the current 2000 foot zone around
schools and parks where sex offenders are currently prohibited by state law from
residing. To safeguard children in the City, the proposed ordinance will add a 2000 foot
sex offender residency exclusion zone around other locations frequented by children.
APPROVED FOR CITY COUNCIL AGENDA: O
City Council Meeting
November 20, 2007
Page 2 of 2
Section 9.30.020 of the proposed ordinance states: "It is unlawful for any Sex Offender
to reside within two thousand (2000) feet of any children's facility within the City." The
proposed ordinance has expended the definition of "children's facility" to include "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 facilitate on their property classes or group activities for children."
Moreover, the term "child day care facility' is defined to mean a "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.
For the reasons stated above, the adoption of an ordinance establishing additional
residency restrictions for registered sex offenders within the City of Rosemead is
required for the immediate preservation of the public peace, health, and safety of the
City's children. Staff notes, however, that 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 the
sex offender residency restrictions contained in SPPCA only has prospective and not
retroactive effect. Accordingly, the proposed ordinance has been written so that it will
also have prospective and not retroactive effect in order to conform to recent
constitutional case law on sex offender residency restrictions.
LEGAL REVIEW
This staff report and related documents have been reviewed and approved by the City
Attorney.
Prepared by:
01!> •NNy 4I►Re
Bonny Garcia
City Attorney
Attachment A: Ordinance No. 859
ORDINANCE 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
hereby ordain as follows:
SECTION NO. 1: Chapter 9.3C
Municipal Code to read as follows:
City Council of the City of Rosemead does
is hereby added to Title 9 the Rosemead
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 , 2007.
John Tran, Mayor
ATTEST:
City Clerk
I, , 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 day of , 2007. That thereafter said Ordinance was
duly adopted and passed at a regular meeting of the City Council on the
day of , 2007 by the following vote:
AYES:
NOES:
ABSENT:
City Clerk
APPROVED AS TO FORM
Bonifacio Bonny Garcia, City Attorney
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