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HomeMy Public PortalAboutItem 7.b - Proposed Amendment to Section 9.38 of the BMCSTAFF REPORT Agenda Item 1 to TO: CITY COUNCIL FROM: CITY ATTORNEY/POLICE DEPARTMENT DATE: AUGUST 19, 2014 SUBJECT: PROPOSED AMENDMENT TO CHAPTER 9.38 OF THE BEAUMONT MUNICIPAL CODE RE: REGISTERED SEX OFFENDERS Background/Summary In March, 2012, the City Council adopted Ordinance No. 1013 (BMC Chapter 9.38), establishing residency and loitering restrictions for registered sex offenders. In response to an inquiry from the ACLU, in May, 2014, the City Council adopted Ordinance No. 1046 reducing the loitering restriction from 2,000 feet to 300 feet. However, further research has revealed that while the City can adopt a more restrictive residency regulation for registered sex offenders, the Court of Appeal, with the blessing of the California Supreme Court, has determined that loitering restrictions are preempted by state law and the City cannot adopt any prohibition against loitering by a registered sex offender. In order to avoid expensive litigation, staff recommends the deletion, in its entirety, of the loitering prohibition. Fiscal Impact: Any fiscal impact in enforcing this ordinance will be absorbed into the police department's current operating budget. Action(s): 1. Hold a Public Hearing and approve the First Reading of Ordinance 2. Request modification to the Ordinance presented 3. Continue this matter 4. Deny the Ordinance odY ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING CHAPTER 9.38 OF THE BEAUMONT MUNICIPAL CODE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA, AS FOLLOWS: Section 1: Section 9.38.190 entitled "Prohibition Against Loitering" is hereby repealed and deleted in its entirety. Section 2: This Ordinance shall take effect thirty (30) days after its second reading and adoption. MOVED, PASSED, and ADOPTED by the City Council at a regular meeting of August 19, 2014, by the following vote: AYES : NOES : ABSTAIN: ABSENT: MOVED, PASSED, and ADOPTED by the City Council at a regular meeting of September 16, 2014, by the following vote: AYES : NOES : ABSTAIN: ABSENT: Mayor ATTEST. Deputy City Clerk 1 CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. duly introduced at a regular meeting of the City Council of the City of Beaumont held on August 19, 2014, and was duly adopted upon a second reading on September 16, 2014, by the roll call votes indicated therein. CITY OF BEAUMONT By Shelby Haney, Deputy City Clerk (SEAL) 2