HomeMy Public PortalAboutOrd. 1676ORDINANCE NO. 1676
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
REPEALING CHAPTER 3 -34 OF CHAPTER 3, PUBLIC SAFETY REGULATIONS, OF
THE LYNWOOD MUNICIPAL CODE
WHEREAS, the City has adopted Chapter 3 -34 of the Lynwood Municipal Code
( "LMC "), which imposes residency and movement 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 3 -34; and
WHEREAS, the City has found that this Ordinance is an urgency Ordinance
because Chapter 3 -34 is preempted by state law and further enforcement of Chapter 3-
34 potentially affects constitutional rights.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES
ORDAIN AS FOLLOWS:
Section 1. Lynwood Municipal Code Chapter 3 -34 is hereby repealed in its
entirety.
Section 2. The City Manager or its designee is authorized to take action as
may be necessary to implement this ordinance.
Section 3. The Mayor or presiding office of the City of Lynwood City Council is
hereby authorized to affix their signature to this ordinance signifying its adoption by the
City Council of the City of Lynwood.
Section 4. The City Clerk of the City of Lynwood shall certify to the adoption_ of
this Ordinance and cause the same to be posted and /or published as required by law.
Section 5. That by four -fifths vote of the City Council, there is an urgency,
because further enforcement of Chapter 3 -34 potentially affects constitutional rights,
and that the urgency permits this Ordinance to take effect immediately.
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
declared 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.
First read, adopted and ordered published at a regular meeting of the City Council held
on the 4th day of August, 2015.
PASSED, APPROVED and ADOPTED this 4th day of August, 2015.
ATTEST:
APPROVED AS TO FORM:
Da id A. Garcia, City Attorney
APPROVED AS TO CONTENT:
�L
J. Arnoldo Beltran, City Manager
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above
and foregoing Ordinance was duly adopted by the City Council of the City of Lynwood at
its regular meeting held on the 4th day of August, 2015.
AYES: COUNCIL MEMBERS ALATORRE,
SANTILLAN -BEAS AND SOLACHE
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
..' WNAWMI,!
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CASTRO, HERNANDEZ,
I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City Council of
said City, do hereby certify that the above and foregoing is a full, true and correct copy
of Ordinance No. 1676 in my office and that said Ordinance was adopted on the date
and by the vote therein stated. Dated this 4th day of August, 2015.