HomeMy WebLinkAboutORD-16-08 Adding Chapter 9.10 Regulating Registered Sex OffendersORDINANCE NO. 16-
08 AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ORANGE AMENDING TITLE
9 OF THE ORANGE MUNICIPAL CODE
BY ADDING CHAPTER 9.10
REGULATING REGISTERED SEX
OFFENDERS.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 in the U.S. there are approximately 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 as saulters was less than 13
years old; and WHEREAS, the Orange Police Department reports 120 known
sex offenders living in
the City; and WHEREAS, 65% of the sex offenders have convictions
WHEREAS, staff obtained a copy of the standard terms and conditions of probation
for sex offenders from the Orange County Probation Department, and one of the standard
terms and conditions is that the probationer stays away from places where children
congregate, such as schools, 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 loitering within 500 feet
of facilities that primarily provide services to children; and
WHEREAS, during the preparation of this ordinance, staff also discovered that 8%
of the City's registered sex offenders list one of the City's hotels or motels as their resident
address, living in 6 different hotels or motels throughout the City; and
WHEREAS, 2 of the hotels or motels had multiple 290 registrants living there, with
as many as 8 sex offenders staying there on a given night; and
WHEREAS, the City does not have an ordinance that regulates the concentration of
290 registrants at hotels or motels; and
WHEREAS, in an effort to prevent the City's various hotels and motels from
becoming over concentrated with 290 registrants, the proposed ordinance would prohibit
more than 2 sex offenders from occupying a hotel or motel at the same time; and
WHEREAS, in an effort to provide protection for current or prospective hotel guests,
especially guests with children, the proposed ordinance would require notification by the
owner or operator that a sex offender is occupying the hotel or motel; 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 shall be added to the Orange Municipal Code and shall read as follows:
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Chapter 9.10
REGISTERED SEX OFFENDER RESTRICTIONS
Sections:
9.10.010
9.10.020
9.10.030
9.10.040
9.10.050
Purpose of Chapter.
Definitions.
Prohibition.
Hotel and Motel Regulations.
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. "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 a twenty-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
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) days or
less.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.
9.10.050 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 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 anyone 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 9th day of September, 2008.
ATTEST:
ange
duuo, 9J-~
urphy, City Clerk, City of 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 26th day of August, 2008, and thereafter at the regular meeting of said
City Council duly held on the 9th day of September, 2008, was duly passed and adopted by
the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Smith, Murphy, Cavecche, Dumitru, Bilodeau
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
f Orange
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