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repealed and deleted in its entirety.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
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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)
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