HomeMy WebLinkAboutORD 10-13 Amending Chapter 9.10 Restrictions on ConductORDINANCE NO. 10-13
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE AMENDING CHAPTER 9.10 OF
THE ORANGE MUNICIPAL CODE BY DELETING
SECTION 9.10.045A.1.
WHEREAS, the City of Simi Valley ( "Simi Valley ") adopted an ordinance
regulating the conduct of Sex Offenders on Halloween, which included provisions virtually
identical to the City of Orange ordinance regulating the same; and
WHEREAS, Simi Valley was challenged in Federal Court on the constitutionality of
their ordinance; and
WHEREAS, the Federal Court in the Simi Valley case temporarily enjoined the city
from enforcing the sign posting requirements of the ordinance finding that it likely violated
the civil rights of the sex offenders; and
WHEREAS, the City of Orange has received notice that an identical lawsuit has been
filed against the City of Orange seeking repeal of the City's identical sign posting
requirement.
NOW THEREFORE, the City Council of the City of Orange does ordain as follows:
SECTION I:
Chapter 9.10 of the Orange Municipal Code is hereby amended to delete Section
9.10.045A.1., which shall read as follows:
9.10.045 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
St
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 /her residence with Halloween decorations; and
3. Refrain from answering the door to children who are trick or treating.
SECTION II:
The City Council further finds that should the effective date of the adoption of
Ordinance 10 -13 occur after October 31, 2013, enforcement of prior Section 9.10.045A.1,
requiring the posting of a sign, shall be suspended immediately until the effective date of this
Ordinance.
SECTION III:
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.
SECTION IV:
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 8 day of October, 2013.
i
Tere a E. Smith, Mayor, City of Orange
ATTEST:
4 ZL-t-
Mary E. Mu , ty Clerk, City e
2
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 24 day of September, 2013, and thereafter at the regular meeting of said
City Council duly held on the 8th day of October, 2013, 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. M pity Clerk, City ange