SR - ORD-03-14 - SECOND READINGORDINANCE 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.
ITEM: - / " DATE OF MEETING: 7 7 / X