Cities in Orange County California that have passed ordinances restricting persons required to register under Penal Code 290

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1 City of Aliso Viejo City of Anaheim City of Brea code Chapter 7.60 Child Safety Zones City of Buena Park Prohibitions 2012 City of Costa Mesa City of Cypress CHAPTER XIII. SEX OFFENDERS PROHIBITED FROM ENTERING PARKS Sec Proximity restrictions. 10/23/2012 t enforced at this time - City Clerk said it is not on any upcoming agenda 5/1/2012 3/4/2014 3/12/2012 Stay of enforcement (However, the city is waiting to act on their residency restrictions per court ruling) Except as otherwise permitted pursuant to Section of this Chapter, no person who is required to register pursuant to California Penal Code Section 290 et seq., shall enter upon or into any City Park where children regularly gather. Each entry into or upon such City Park, regardless of the time period between entries, shall constitute a separate offense under this Any registered sex offender who enters into or upon any park within the city where children regularly gather without a written waiver in his or her physical possession from the police chief, issued pursuant to Section of this code, is guilty of a misdemeanor. Each unauthorized entry into any such park, regardless of the time period between entries, shall constitute a separate offense. Any sex offender who enters into or upon any city park or city owned sports facility is guilty of a misdemeanor. Each entry into any such area, regardless of the time period between entries, shall constitute a separate offense under this (a) Proximity restrictions Generally. It is unlawful for any registered sex offender to be within five hundred (500) feet of any school, child care center or park. (b) Proximity restrictions Exceptions. (1) Any registered sex offender is prohibited from being located within five hundred (500) feet of any school or child care center unless the registered sex offender is a parent or guardian of a child for whom the individual is legally responsible and the child attends the school or is a student at the school. Presence at the school or day care is permitted only for the limited time and purpose of picking up or dropping off the child, or to attend special events, and with the written permission of the school administrator who is responsible for child safety. (2) Any registered sex offender is prohibited from being located within five hundred (500) feet of a park, unless the registered sex offender is a parent or guardian of a child for whom the individual is legally responsible and the child is present at the park. (3) Any registered sex offender who lives within five hundred (500) feet of any school, child care center or park as of the effective date of this chapter is not required to move. However, the registered sex offender must proceed directly to and from his or her residence, and not loiter or remain within the five hundred (500) foot zone. (c) Loitering. A registered sex offender shall be prohibited from loitering in a child safety zone. Please check with the appropriate jurisdiction. Page 1 of 7 Last Modified: 4/29/2014

2 City of Dana Point City of Fountain Valley code City of Fullerton Chapter OFFENDER RESTRICTIONS 2010 On City agenda for 5/6/2014 A. It is unlawful for any registered sex offender to be within 300 (three hundred) feet of any school, day care center or park. B. Exceptions: 1. Any registered sex offender is prohibited from being located within 300 (three hundred) feet of a school, or day care center unless the registered sex offender is a parent or guardian of a child for whom the individual is legally responsible and the child attends the school or is a student at the school. Presence at the school or day care is permitted only for the limited time and purpose of picking up or dropping off the child, or to attend special events, and with the written permission of the school administrator who is responsible for child safety. 2. Any registered sex offender is prohibited from being located within 300 (three hundred) feet of a park, unless the registered sex offender is a parent or guardian of a child for whom the individual is legally responsible and the child is present at the park. 3. Any registered sex offender who lives within 300 (three hundred) feet of any school, park or day care center as of the effective date of this chapter is not required to move. However the sex offender must proceed directly to and from his or her residence, and not loiter or remain within the 300 (three hundred) foot zone. City of Garden Grove City of Huntington Beach Chapter Sex Offender Prohibition 12/11 Suspended 1/13 A sex offender who enters into or upon a park where children regularly gather without written permission from the Police Chief or his/her designee is guilty of a misdemeanor. Each entry into any such area, regardless of the time period between entries, shall constitute a separate offense under this section. City of Irvine CHAPTER 8. CHILD SAFETY ZONES /28/2011 Preempted by the COA Any person who is required to register pursuant to California Penal Code section 290 et seq., where such registration is required by reason of an offense for which the person was convicted and in which a minor was the victim, and who enters upon or into any City park and recreational facility where children regularly gather without written permission from the Director of Public Safety/Chief of Police or his designee is guilty of a misdemeanor. Each entry into any such area, regardless of the time period between entries, shall constitute a separate offense under this Please check with the appropriate jurisdiction. Page 2 of 7 Last Modified: 4/29/2014

3 code City of La Habra Chapter 9.66 CHILD SAFETY ZONES unable to determine whether or not there is a stay or repeal in progress Any person required to register pursuant to California Penal Code Sections 290, et seq., who enters into or upon any city of La Habra park where children regularly gather, without written permission from the La Habra police department is guilty of a misdemeanor. Each entry into any such area, regardless of the time period between entries, shall constitute a separate offense under this City of La Palma City of Laguna Beach City of Laguna Hills Chapter 6-40 CHILD SAFETY ZONES PROHIBITION OF OFFENDERS FROM ENTERING PARKS unable to determine whether or not there is a stay or repeal in progress Any person required to register pursuant to California Penal Code Sections 290 et seq., who enters into or upon any park within the City where children regularly gather without written permission from the Orange County Sheriff, is guilty of a misdemeanor. Each entry into any such area, regardless of the time period between entries, shall constitute a separate offense under this City of Laguna Niguel City of Laguna Woods Please check with the appropriate jurisdiction. Page 3 of 7 Last Modified: 4/29/2014

4 City of Lake Forest code Chapter Prohibition of Registered Sex Offenders From Entering Lake Forest Parks City of Los Alamitos Prohibitions /12/ /18/2012 The ordinance has been "Suspended Pending Legal Review" Any person required to register pursuant to California Penal Code Section 290 et seq. who enters into or upon any Lake Forest park where children regularly gather is guilty of a misdemeanor. Each entry into any such area, regardless of the time period between entries, shall constitute a separate offense under this A sex offender who enters into or upon any city of Los Alamitos park where children regularly gather, without written permission from the Los Alamitos police department is guilty of a misdemeanor. Each entry into any such area, regardless of the time period between entries, shall constitute a separate offense under this City of Mission Viejo Chapter PROHIBITION OF OFFENDERS FROM ENTERING CITY PARKS AND RECREATION FACILITIES 1/16/ see below for comments from City council meeting minutes 1/20 - City Attorney Bill Curley recommended that the City maintain the status quo and wait to see what the State Supreme Court does with the County's ordinance. If the Court upholds the ordinance the City can immediately start to enforce its ordinance and if the Court overturns the decision, then the Council can repeal its ordinance. 3/3 - City received a letter from the ACLU's California Reform Sex Offenders Law Group requesting the immediate repeal of the City's sex offender ordinance. Mr. Curley maintained his previous recommendation to keep the ordinance on the books and not enforce it until there is a final judicial decision on the County matter. Any person required to register pursuant to California Penal Code 290 et seq. who enters into or upon any park and recreation facility where children regularly gather without written permission from the Orange County Sheriff or sheriff s designee is guilty of a misdemeanor. Each entry into any such area, regardless of the time period between entries, shall constitute a separate offense under this City of Newport Beach Please check with the appropriate jurisdiction. Page 4 of 7 Last Modified: 4/29/2014

5 code City of Orange Similar Chapter 9.10 OFFENDER RESTRICTIONS 2/23/2010 Preempted by the COA *Repealed in part: 10/8/2013 sex offender shall loiter in a child safety zone. 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 twelve (12) inches by twenty-four (24) inches, on the front door at his residence stating, " candy or treats at this residence"; and 2. Leave all exterior residential, decorative and ornamental lighting off during the evening hours starting at 5:00 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. City of Placentia City of Rancho Santa Margarita City of San Clemente City of San Juan Capistrano Chapter 6.13 Child Safety Zones Prohibition of Registered Sex Offenders From Entering Parks 2/8/ On May 15, 2014 it is on the city agenda to be Any person required to register pursuant to California Penal Code Sections 290, et seq., who enters into or upon any park within the City where children regularly gather without written permission from the Orange County Sheriff, is guilty of a misdemeanor. Each entry into any such area, regardless of the time period between entries, shall constitute a separate offense under this City of Santa Ana Chapter ARTICLE XII. PROXIMITY RESTRICTIONS FOR OFFENDERS TO CHILDREN'S FACILITIES 6/4/ City Attorney's office said they have an informal moratorium. is not enforced at this time. 1. A sex offender is prohibited from being on or within three hundred (300) feet of a children's facility: (a) While there for the apparent purpose of observing a child or children, or (b) If the sex offender returns at any time after having been notified to leave by the owner or any authorized official of such children's facility. Three hundred (300) feet shall be measured from the property lines of the parcel so zoned or used of each children's facility without regard to intervening structures. 2. A sex offender is prohibited from entering into or upon, or being present in or upon, any children's facility. Each entry into any such area, regardless of the time period between entries, shall constitute a separate offense under this article. 3. A violation of this section is a misdemeanor. City of Seal Beach City of Stanton Chapter 7.70 Child Safety Zone (Ord ) 2/24/2014 person required to register pursuant to California Penal Code sections 290 et seq. shall enter into or upon the child safety zone. Each entry into the child safety zone shall constitute a separate offense under this ordinance regardless of the time period between entries. Please check with the appropriate jurisdiction. Page 5 of 7 Last Modified: 4/29/2014

6 code City of Tustin CHAPTER 12 ( ) SEX OFFENDER RESIDENCY AND LOITERING RESTRICTIONS 3/1/2011 3/14 Except as provided by this chapter, a sex offender shall be prohibited from loitering in a child safety zone. The exceptions to this section are stated in Section B. The City Clerk shall maintain as a public record a map that graphically identifies each child safety zone in the City. The child safety zone map shall be prepared and annually updated by the Director of Community Development and the Police Chief, and shall be administratively approved on or before March 1 each year by the City Manager or his/her designee. Additional updates to the child safety zone map shall be within the discretion of the City Manager, or his/her designee, as warranted by City approvals of new, modified and terminated land uses. A true and correct copy of each child safety zone map shall be posted on the City's website, C. The Tustin Police Department shall prominently post clear notice of the defined venue of any community event and the boundaries of the corresponding child safety zone on its website, and in its lobby, for a period commencing not less than one (1) week prior to the date of the community event in question. Concurrent with its posting of said notice, the police department shall transmit a copy of same to the California Department of Corrections and Rehabilitation, and the Orange County Probation Department. Furthermore, each such notice shall be a public record maintained by the City Clerk and posted on the City's website, through the same period of posting on the police department's website. City of Villa Park City of Westminster Chapter 9.71 PROHIBITING SEX OFFENDERS FROM ENTERING CITY PARKS WITHOUT WRITTEN PERMISSION FROM THE WESTMINSTER POLICE DEPARTMENT unable to determine whether or not there is a stay or repeal in progress Any person required to register pursuant to California Penal Code Sections 290, et seq., who enters into or upon any city of Westminster park where children regularly gather, without written permission from the Westminster police department is guilty of a misdemeanor. Each entry into any such area, regardless of the time period between entries, shall constitute a separate offense under this Please check with the appropriate jurisdiction. Page 6 of 7 Last Modified: 4/29/2014

7 code City of Yorba Linda Chapter 9.28 CHILD SAFETY ZONES 2011 Any person required to register pursuant to California Penal Code section 290 et seq. who enters upon or into any City park and recreational facility where children regularly gather without written permission from the Chief of Police, or his or her designee, is guilty of a misdemeanor. Each entry into any such area, regardless of the time period between entries, shall constitute a separate offense under this Examples of where the Chief of Police may grant permission include, but are not limited to: A. A sex offender entering into any City park and recreational facility for the purpose of exercising the right to free expression or assembly; B. A sex offender entering into any City park and recreational facility for purposes limited to the education or care of a child for whom the sex offender is the parent or legal guardian; or C.A sex offender entering into any City park and recreational facility for the purpose of lawful employment, provided that he or she commenced said employment prior to the effective date of this Chapter. D. A sex offender entering into any City park for the limited purpose of travelling from one part of the City to another, provided that he or she does not delay, linger, or idle in any particular area of the park for a period in excess of five (5) minutes. Please check with the appropriate jurisdiction. Page 7 of 7 Last Modified: 4/29/2014