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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 Lynwood Municipal Code Chapter 3 -34 is hereby repealed in its entirety.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.