HomeMy WebLinkAboutORD 03-10 Regulating Sex Offenders Conduct on HalloweenORDINANCE N0.3-
10 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE AMENDING CHAPTER9.10
OF THE ORANGE MUNICIPAL CODE BY
ADDING SECTION 9.10.045 REGULATING
REGISTERED SEX OFFENDERS CONDUCT ON
HALLOWEEN.WHEREAS, statistical information indicates that the supervised release of
sex offenders has only been marginally effective from keeping them from committing
another sex offense;
and WHEREAS, Studies have found the
following:Reported recidivism rates for sex offenders are as high as 45%, with
the Department of Justice reporting that sex offenders are the least likely to
be cured and the most likely to
re-offend.It is widely accepted in the medical community that many sex
offenders can only be controlled
with medication.Of released sex offenders who committed another sex crime,
40% perpetrated the new offense within a year or less from their prison discharge, a
fact which led the Legislature to adopt legislation for increase supervision
of sex offenders in the period immediately following release
from incarceration.An estimated 24% of those serving time for rape and 19% of
those serving time for sexual assault were on probation or parole at the time
of
their offense.On a given day inthe U.S. there areapproximately 234,
000 offenders convicted of rape or sexual assault that are under the care, custody,
or control of corrections agencies. Of this number, nearly 60% or 140,400 of
these sex offenders are under conditional supervision in
the community.Sex offenders are about four times more likely than non-sex
offenders to be arrested for another sex crime after their discharge
from prison; and WHEREAS, information provided by the Department of Justice
cites that children are most often the victims of
sex crimes; and WHEREAS, Department of Justice statistics report nationally that the
median age of the victims of imprisoned sexual assaulters was less than 13
years old; and WHEREAS, information obtained from the California Office
of the Attorney General for the City of Orange reports 81 known sex offenders living in
the City; and WHEREAS, 81% of those sex offenders have convictions
involving minors; and WHEREAS, staff obtained a copy of the standard terms and
conditions of probation for sex offenders from the Orange County Probation Department, and one
terms and conditions is that the probationer stays away from children during the period of
probation. However, upon successful completion of probation, the terms and conditions
which once regulated the probationer's activities are no longer applicable; and
WHEREAS, in effort to further protect children from 290 registrants who may no
longer be on probation, but may still pose a danger to children, the proposed ordinance
prohibits 290 registrants convicted of offenses against minors from participating in specific
Halloween activities that involve contact with children; and
WHEREAS, cities are free to enact laws to protect the health and safety of its
residents as long as the laws do not conflict with state laws or do not regulate in an area in
which the state has legislated so extensively that it evidences intent by the state to occupy the
field of regulation.
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 to add Section
9.10.045, which 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 Prohibition.
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
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. "Child care center" means any state of California, Department of Social Services
licensed facility that provides nonmedical care to children in need of personal services,
supervision, or assistance essential for sustaining the activities of daily living or for the
protection of the individual on less than atwenty-four (24) hour basis, including but
not limited to a family day care home, infant center, preschool, extended-day care
facility, or school-age
child care center.C. "Child safety zone" means and includes those areas located within
five hundred feet 500') from the nearest property line of a child care center, public or private
school grades K through 12, park, public library, designated school bus stop, swimming
or wading pool,commercial establishment that provides any area in or adjacent to such
establishment as a children's playground, or any facility whose primary purpose is to provide
classes or group
activities for children.D. "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.E. "Loiter" means to delay, linger, or idle about a child safety
zone without lawful business or purpose
for being present.F. "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 G. "Park" means and includes any areas publicly owned,
leased, controlled, maintained or managed by a city or county which are open to public use for
recreational, cultural and community service activities, and include, but are not limited
to, tot-lots, playgrounds,playfields, athletic courts, and
dog park recreation areas.H. "Permanent resident" means any person who occupies a hotel or
motel for more than
thirty (30) consecutive days.I. "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.J. "Temporary resident" means any person who occupies a hotel or motel
for a period of thirty (
30)
9.10.030 Prohibition.
A. No sex offender shall loiter in a child safety zone
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 31St of each year to do the following:
1. Post a sign, no smaller than 12" by 24", on the front door at his residence
stating, "No candy or treats at this residence"; and
2. Leave all exterior residential, decorative and ornamental lighting off during
the evening hours starting at 5 p.m. until midnight, the next day; and
3. Refrain from decorating his residence with Halloween decorations; and
4. 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 one year."
SECTION II:
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
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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 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 23`d day of February, 2010.
AT r EST:
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y
j'
Mary E.City ~~ Orange
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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 9`h day of February, 2010, and thereafter at the regular meeting of said
City Council duly held on the 23rd day of February, 2010, was duly passed and adopted by
the following vote, to wit:
AYES:COUNCILMEMBERS:Smith, Murphy, Cavecche, Dumitru, Bilodeau
NOES:COUNCILMEMBERS:None
ABSENT:COUNCILMEMBERS:None
ABSTAIN:COUNCILMEMBERS:None
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