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Home My WebLink About20 SECOND READING AND ADOPTION OF ORDINANCE NO. 1444AGENDA REPORT GSTt MEETING DATE: TO: FROM: SUBJECT: SUMMARY: JUNE 17, 2014 JEFFREY C. PARKER, CITY MANAGER Agenda Item 20 Reviewed: City Manager Finance Director N/A ERICA RABE, CITY CLERK SERVICES SUPERVISOR SECOND READING AND ADOPTION OF ORDINANCE NO. 1444 Ordinance No. 1444 amends Section 5952 and repeals Sections 5953 and 5961 of Chapter 12 of the Tustin City Code, which prohibit registered sex offenders from loitering in any Child Safety Zone. The California Court of Appeal recently issued two decisions holding that State law preempted similar prohibitions in the City of Irvine and the County of Orange. However, the Tustin Police Department may still enforce the Tustin City Code residency restrictions and various state regulations imposed on registered sex offenders enacted to protect children. RECOMMENDATION: Have second reading by title only and adoption of Ordinance No. 1444 (roll call vote). BACKGROUND: On June 3, 2014, the City Council had first reading by title only of the following Ordinance: ORDINANCE NO. 1444 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN AMENDING CITY CODE SECTION 5952 AND REPEALING SECTIONS 5953 AND 5961 RELATING TO SEX OFFENDER LOITERING RESTRICTIONS. ORDINANCE NO. 1444 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN AMENDING CITY CODE SECTION 5952 AND REPEALING SECTIONS 5953 AND 5961 RELATING TO SEX OFFENDER LOITERING RESTRICTIONS. The City Council of the City of Tustin, California, hereby ordains as follows: SECTION I: Section 5952 — "Definitions" of the Tustin City Code is hereby amended to read as follows: 5952 — DEFINITIONS As used in this chapter, the following terms shall have meanings as set forth below. "Child" or "children" shall mean any person(s) under the age of eighteen (18) years of age. "Day care center" shall mean any facility licensed by the State of California, Department of Social Services that provides nonmedical care, on a less than twenty - four -hour basis, to children in need of personal services, supervision or assistance that is essential for sustaining the daily living activities, or protecting any such child. "Day care center" does not include any "family day care home" as that term is defined in California Health and Safety Code Section 1596.78. "Dwelling" shall mean a single - family dwelling or a multi - family dwelling. For purposes of this chapter, dwelling shall not include any state - licensed residential facility which serves six (6) or fewer persons and is exempted under California Penal Code section 3003.5. "Hotel" shall mean a commercial establishment that rents guest rooms or suites to the public on a nightly, weekly, or monthly basis, and shall include a motel, a bed and breakfast and an inn that operates in such capacity. "Multifamily dwelling" shall mean a residential structure designed for the permanent residency of two or more individuals, groups of individuals, or families living independently. This definition shall include a duplex, apartment complex, mobile home park, and a condominium complex, but shall not include a hotel. "Owner's authorized agent" shall mean any natural person, firm, association, joint venture, joint stock company, partnership, organization, club, company, limited liability company, corporation, business trust, manager, lessee, servant, officer, or employee, authorized to act for the property owner. "Park" shall include any indoor or outdoor area owned, leased, controlled, maintained, or managed by a public entity, or open to the public, where children regularly gather, and which provides recreational, cultural, and /or community service activities including, but not limited to, playgrounds, playfields, and athletic courts. "Permanent resident" shall mean any person who, on a given date, has obtained a legal right to occupy or reside in, or has already, as of that date, occupied or resided in, a single - family or multifamily dwelling or a hotel, for more than thirty (30) consecutive days. "Property owner" shall include the owner of record of real property, as recorded in the office of the county registrar- recorder /county clerk, as well as any partial owner, joint owner, tenant, tenant -in- common, or joint tenant, of such real property. "Residential exclusion zone" shall mean any area located within two thousand (2,000) feet from the nearest property line of the subject property to the nearest property line of a day care center, public or private school, or park. Distance from a residential exclusion zone shall be measured in a straight line, without regard to intervening structures, from the outer boundaries of the properties on which the residential exclusion zone is situated. "Responsible party" shall mean a property owner and /or a property owner's authorized agent. "Public or private school" shall mean any place of learning including the following: institutions of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained pursuant to standards set by the State Board of Education; nursery schools, kindergartens, Sunday schools, elementary schools, middle or junior high schools, and senior high schools. "Sex offender" shall mean any person who must register in accord with California's "Sex Offender Registration Act," codified at California Penal Code section 290 et seq., as a result of a conviction, whether upon trial or by plea of guilty or nolo contendere, regardless of whether or not that person is on parole or probation. "Single- family dwelling" shall mean one (1) permanent residential dwelling located on a single lot. "Temporary resident" shall mean any person who, on a given date, has obtained a legal right to occupy or reside in, or has already, as of that date, occupied or resided in, a single - family or multifamily dwelling or a hotel, for a period of thirty (30) consecutive days or less. SECTION II: Section 5953 — "Sex Offender Loitering Prohibition, Child Safety Zone; Notice Re Community Events" of the Tustin City Code is hereby repealed. SECTION III: Section 5961 — "Applicability of Loitering Prohibition" of the Tustin City Code is hereby repealed. SECTION IV: This Ordinance shall become effective on the 315` day after its adoption on second reading. SECTION V: If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this Ordinance or any part thereof is for any reason, held to be unconstitutional or invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, subdivision, sentence, clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional. PASSED, APPROVED, AND ADOPTED this 17th day of June, 2014. ELWYN A. MURRAY, Mayor ATTEST: JEFFREY C. PARKER, City Clerk APPROVED AS TO FORM: DAVID KENDIG City Attorney CERTIFICATION FOR ORDINANCE NO. 1444 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN ORDINANCE NO. 1444 I, JEFFREY C. PARKER, City Clerk and ex- officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is 5; that the above and foregoing Ordinance No. 1444 was duly and regularly introduced at a regular meeting of the Tustin City Council, held on the 3rd day of June, 2014, and was given its second reading, passed, and adopted at a regular meeting of the City Council held on the 17`h day of June, 2014, by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: JEFFREY C PARKER, City Clerk