HomeMy Public PortalAbout15-1570ORDINANCE NO. 15- 1570
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARSON,
CALIFORNIA, AMENDING PORTIONS OF CARSON MUNICIPAL
CODE CHAPTER 15 REGARDING LOITERING BY REGISTERED SEX
OFFENDERS TO ALIGN WITH CALIFORNIA PENAL CODE SECTION
653B
WHEREAS, Proposition 83, codified as California Penal Code section 3003.5, prohibits
registered sex offenders from residing within two thousand (2,000) feet of a public or private
school or any park where children regularly gather (Cal. Penal Code § 3003.5(b)), and permits
local regulation of sex offender residency (Cal. Penal Code § 3003.5(c)); and
WHEREAS, the state legislature has enacted numerous regulations on the activities of
registered sex offenders, including but not limited to California Penal Code section 653b, which
prohibits registered sex offenders from loitering "about any school or public place at or near
which children attend or normally congregate" (Cal. Penal Code § 653b(a)); and
WHEREAS, in reliance on the authority set forth in California Penal Code
subsection 3003.5(c) and its police power, the City Council of the City of Carson adopted
Ordinance No. 08-1413U, enacting Chapter 15 of the Carson Municipal Code ("CMC"), entitled
"Residency and Loitering Restrictions for Sex Offenders" (the "Ordinance"); and
WHEREAS, among other restrictions, a portion of Ordinance No. 08-1413U, now
codified as CMC section 41502, prohibits "loitering" by a registered sex offender in a "child
safety zone"; and
WHEREAS, the Fourth Appellate District of the California Court of Appeal issued a
published opinion in the matter of People v. Nguyen (2014) 222 Cal. App. 4th 1168 ("Nguyen")
which: (1) determined the state of California had "created a standardized, statewide system" to
regulate sex offenders and to "protect victims and potential victims from future harm" and (2)
held a local ordinance which exceeded the state law standard and made it a misdemeanor for
registered sex offenders to enter a city park was "preempted" by California law; and
WHEREAS, the California Supreme Court declined to review the Nguyen decision on
April 28, 2014, making that opinion citable as precedent in the State of California; and
WHEREAS, given the passage of time and the fact the Second Appellate District has not
taken up the scope of municipal authority to adopt proximity and loitering restrictions on
registered sex offenders, the City Council deems it appropriate to amend the City's Ordinance to
up -date the same and to align the same with state law standards for loitering by registered sex
offenders; and
NOW, THEREFORE, the CITY COUNCIL of the CITY of CARSON, CALIFORNIA,
does hereby ordain as follows:
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ORDINANCE NO. 15-1570
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SECTION 1. The forgoing recitals are true and correct and incorporated herein by this
reference.
SECTION 2. Section 41501 of the Carson Municipal Code, subsections (J) and (K), are
amended, in their entirety, to read as follows (new text is identified in bold & italics, deleted text
in stfike diffough):
J. "Child safety zone" shall inelude those areas leeated within a
thfee hundfed (300) feet radius of a ehild ear -e eentef, publie of
pfivatle sehool, pafk, publie libfafy, swimming of -A,
eeffifnefeial establishment that pfovides any a - a in or- adjaeent to
sueh establishment as a ehildfefi's playgfound,-sehool bus stop, OF
any loeation that faeilitates en � elasses of-tfeiip
aetivities far- ehildr-en mean any school or public place at or near
which children attend or normally congregate.
K. "Loitering" shall mean to &4a�—,
,without any appafent—pufpose commit any act as defined in
California Penal Code § 653b.
SECTION 3. Section 41502 of the Carson Municipal Code is amended, in its entirety, to
read as follows (new text is identified in bold & italics, deleted text in 4fike4hfeugh):
No sex offender shall commit any act of "loitering" in a child
safety zone prohibited by California Penal Code § 653b, which
specifically provides at subdivision (a) that it shall constitute to a
misdemeanor to "loiter about any school or public place at or near
which children attend or normally congregate."
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ORDINANCE NO. 15-1570
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SECTION 4. If any section, subsection, sentence, clause, phrase, or portion of this
Ordinance 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. The City Council of the City of Carson hereby declares that it would have
adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or
portions thereof may be declared invalid or unconstitutional.
SECTION 5. This Ordinance shall be in full force and effect thirty (30) days after its
second reading and adoption.
SECTION 6. The City Clerk shall certify to the passage and adoption of this Ordinance
by the City Council of the city of Carson and shall cause a summary of this ordinance to be
published in accordance with Government Code § 36933.
I th PASSED, APPROVED and ADOPTED at a regular meeting of the ittv Council on this
5 day of December, 2015. — �r
ATTEST:
CITY CLERK HM DEAR
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ORDINANCE NO. 15-1570
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
CITY OF CARSON
1, Jim Dear, City Clerk of the City of Carson, California, hereby attest to and certify that the
foregoing ordinance, being Ordinance No. 15-1570 passed first reading on December 1, 2015,
was adopted by the City Council of said City held on the 15 1h day of December, 2015, by the
following roll call vote:
AYES: COUNCIL MEMBERS: Mayor Robles, Davis -Holmes, Hilton, and
Gause-Aldana
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Santarina
City Clerk Jim Dear
01007.0505/276228.1
Description of Vote:
Maker/Second Ayes/Noes/Abstain/Absent
ITEM NO.
ORD. NO.
TITLE
DISPOSITION
15-1570
AN ORDINANCE OF THE CITY COUNCIL OF
Introduced: 12/01/15
THE CITY OF CARSON, CALIFORNIA,
Item No. 22
AMENDING PORTIONS OF CARSON
AR/JH 3/0/1/1
MUNICIPAL CODE CHAPTER 15
REGARDING LOITERING BY REGISTERED
SEX OFFENDERS TO ALIGN WITH
CALIFORNIA PENAL CODE SECTION 653B