HomeMy WebLinkAboutORD 03-14 Amending Chapter 9.10 Registered Sex OffendersORDINANCE NO. 03-14
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE AMENDING CHAPTER 9.10 OF
THE ORANGE MUNICIPAL CODE REGARDING
REGISTERED SEX OFFENDERS.
WHEREAS, on September 9, 2008, the City Council of the City of Orange adopted
Ordinance 16 -08, adding Chapter 9.10 Registered Sex Offender Restrictions, to the Orange
Municipal Code; and
WHEREAS, Section 9.10.030 prohibits a sex offender from loitering in a child
safety zone, defined as the area within 500 feet of child care centers, schools, parks, libraries,
bus stops, pools, and places that provide classes or activities for children; and
WHEREAS, on February 23, 2010, City Council of the City of Orange adopted
Ordinance 03 -10, adding Section 9.10.045, Halloween, Restrictions on Conduct, to Chapter
9.10 of the Orange Municipal Code, which was later amended by Ordinance 10 -13; and
WHEREAS, on January 10, 2014, the Fourth Appellate District of the California
Court of Appeals held in People v. Nguyen, that local laws which attempt to restrict the
movements of sex offenders, such as entering into parks, are preempted by State laws, and
are therefore invalid; and
WHEREAS, Section 9.10.030 of the Orange Municipal Code is likely preempted by
State law.
NOW THEREFORE, the City Council of the City of Orange does ordain as follows:
SECTION I:
Chapter 9.10 of the Orange Municipal Code shall hereby be amended and shall read
as follows:
Chapter 9.10
REGISTERED SEX OFFENDER RESTRICTIONS
Sections:
9.10.010 Purpose of Chapter.
9.10.020 Definitions.
9.10.030 Reserved.
9.10.040 Hotel and Motel Regulations.
9.10.045 Halloween Restrictions on Conduct.
9.10.050 Penalty.
9.10.010 Purpose of Chapter.
Of the known number of registered sex offenders residing in the City, a large portion
of them have convictions involving minors. Uncontroverted statistical data shows that a
majority of the victims of sexual offenses are under the age of 18. It also shows that the
recidivism rate of convicted sex offenders is nearly half. In addition, City hotels and motels
have been known to become over - concentrated with registered sex offenders. This situation
may have a deleterious effect on adjacent properties and create a trap for unwary travelers
who do not have access to information provided under Megan's Law. It is the intent of this
Chapter to further protect children from the dangers posed by registered sex offenders
convicted of offenses against minors, to prevent the over - concentration of sex offenders
occupying hotels and motels and to provide current and prospective guests with notice
regarding the presence of a registered sex offender staying at the hotel or motel. The
following regulations impose reasonable time, place and manner regulations on loitering and
are rationally related to advance the City's interest in protecting children and the general
public.
9.10.020 Definitions.
For purposes of this Chapter the following definitions shall apply:
A. "Child" or "children" means any person(s) under the age of eighteen (18) years of
age.
B. "Hotel or motel" means a commercial or residential building containing six or more
guest rooms or suites, designed or used to be rented for primarily temporary or transient
occupancy by guests for dwelling, lodging or sleeping purposes, for a period of not more
than thirty (30) consecutive days.
C. "Owner, operator or authorized agent" means any natural person, firm, association,
joint venture, joint stock company, partnership, organization, club, company, corporation,
business trust or the manager, lessee, agent, servant, officer or employee authorized to act for
the owner of a property
D. "Permanent resident" means any person who occupies a hotel or motel for more than
thirty (30) consecutive days.
E. "Sex offender" means any person for whom registration is required pursuant to
Section 290 of the California Penal Code, regardless of whether that person is on parole or
probation, and has been convicted of an offense against a child.
F. "Temporary resident" means any person who occupies a hotel or motel for a period of
thirty (30) days or less.
9.10.030 Reserved.
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9.10.040 Hotel and Motel Regulations.
A. No sex offender shall be a permanent or temporary resident in any guest room of a
hotel or motel already occupied by a sex offender, unless those persons are legally related by
blood, marriage or adoption.
B. No sex offender shall be a permanent or temporary resident in any guest room of a
hotel or motel where two separate and distinct guest rooms are already occupied by sex
offenders as permanent or temporary residents.
C. No owner, operator or authorized agent thereof shall knowingly rent a guest room in a
hotel or motel to more than one sex offender, unless those persons are legally related by
blood, marriage or adoption.
D. No owner, operator or authorized agent thereof shall knowingly rent a guest room in a
hotel or motel to a sex offender when two separate and distinct guest rooms are already
occupied by sex offenders.
E. Within 24 hours of written notification by the City of Orange Police Department, any
hotel or motel owner, operator or authorized agent thereof, must post a conspicuous notice at
the registration desk which notifies current and or potential guests that a sex offender is
currently occupying a guest room as a permanent or temporary resident.
9.10.45 Halloween, Restrictions on Conduct.
A. Any sex offender, as defined herein, shall be required, between 12:00 a.m. and 11:59
p.m., on October 31 of each year to do the following:
1. Leave all exterior residential, decorative and ornamental lighting off during
the evening hours starting at 5 p.m. until midnight, the next day; and
2. Refrain from decorating his residence with Halloween decorations; and
3. Refrain from answering the door to children who are trick or treating.
9.10.050 Penalty.
Any person violating the provisions of this Chapter shall be guilty of a misdemeanor
and upon conviction thereof shall be subject to a fine of $1,000 and/or imprisonment in the
Orange County Jail for a term not exceeding six months.
SECTION 1I:
Should any section, subsection, clause, or provision of this Ordinance for any reason
be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect
the validity or constitutionality of the remaining portions of this Ordinance; it being hereby
expressly declared that this Ordinance, and each section, subsection, sentence, clause and
phrase hereof would have been prepared, proposed, approved and ratified irrespective of the
fact that any one or more sections, subsections, sentences, clauses or phrases be declared
invalid or unconstitutional.
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SECTION III:
A summary of this Ordinance shall be published and a certified copy of the full text
of this Ordinance shall be posted in the Office of the City Clerk at least five (5) days prior to
the City Council meeting at which this Ordinance is to be adopted. A summary of this
Ordinance shall also be published once within fifteen (15) days after this Ordinance's passage
in a newspaper of general circulation, published, and circulated in the City of Orange. The
City Clerk shall post in the Office of the City Clerk a certified copy of the full text of such
adopted Ordinance along with the names of those City Council members voting for and
against the Ordinance in accordance with Government Code Section 36933. This Ordinance
shall take effect thirty (30) days from and after the date of its final passage.
ADOPTED this 9 day of September, 2014.
Teresa E. Smith, Mayor, City of Orange
ATTEST:
k 1 C4
Mary E. ity Clerk, Cit nge
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF ORANGE
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby
certify that the foregoing Ordinance was introduced at the regular meeting of the City
Council held on the 12` day of August, 2014, and thereafter at the regular meeting of said
City Council duly held on the 91h day of September, 2014, was duly passed and adopted by
the following vote, to wit:
AYES: COUNCILMEMBERS: Alvarez, Whitaker, Smith, Murphy
NOES: COUNCILMEMBERS: Bilodeau
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
Mary E. , ity Clerk, C y of Orange
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