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6301ORDINANCE NO -6301 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, REPEALING CHAPTER 7.60 (CHILD SAFETY ZONES) OF TITLE 7 OF THE ANAHEIM MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: WHEREAS, on October 23, 2012, the City Council of Anaheim adopted Ordinance No. 6256, adding Chapter 7.60 (Child Safety Zones) to Title 7 of the Anaheim Municipal Code, which ordinance prohibited registered sex offenders from entering City parks without the approval of the Chief of Police; and WHEREAS, the City Council adopted Chapter 7.60 in order to protect children from registered sex offenders by restricting sex offenders' access to City parks where children frequently gather; and WHEREAS, on January 10, 2014, subsequent to the enactment of Chapter 7.60, the Fourth Appellate District of the California Court of Appeal issued two decisions, People v. Nguyen, 222 Cal.App.4th 1168, and People v. Godinez, 2014 WL 99188 (unpublished), striking down local ordinances prohibiting registered sex offenders from entering parks without the permission of law enforcement; and WHEREAS, subsequent to issuance of the People v. Nguyen and People v. Godinez decisions, the City of Anaheim suspended enforcement of Chapter 7.60 pending a determination by the California Supreme Court as to whether those decisions would be reviewed; and WHEREAS, on April 23, 2014, the California Supreme Court declined to review People v. Nguyen and People v. Godinez, making the Court of Appeal's decisions in those cases final; and WHEREAS, Chapter 7.60 of the Anaheim Municipal Code prohibits registered sex offenders from entering parks in the City of Anaheim; however, the Fourth Appellate District of the California Court of Appeal has now determined that the state statutory scheme imposing restrictions on a sex offender's daily life fully occupies the field and therefore preempts local efforts to restrict sex offenders from visiting city parks and recreational facilities, rendering local ordinances in this area invalid; and WHEREAS, the City of Anaheim and the Anaheim Police Department will continue to enforce state laws regulating registered sex offenders which the City and the Anaheim Police Department are able to enforce; and WHEREAS, should the law change in the future such that local government agencies are permitted to enact ordinances similar to the Child Safety Zone Ordinance, the City Council will revisit this issue and consider the reenactment of such an ordinance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. REPEAL OF CHAPTER 7.60 Chapter 7.60 of Title 7 of the Anaheim Municipal Code is hereby repealed. SECTION 2. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. 2 THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on thelO_thday of June , 2014, and thereafter passed and adopted at a regular meeting of said City Council held on the 1 ay of June , 2014, by the following roll call vote: AYE: Mayor Tait, Council Members Eastman, Murray, Brandman and Kring NOES: None ABSENT: None ABSTAIN: None ATTEST: CITY OF ANAHEIM By: 0 �� r1Z11 — MAYOR OF THE CITY OF ANAHEIM ATTEST: By: CITY CLERK OF THE CITY OF ANAHEIM 102413/m.houston STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF ANAHEIM CLERK'S CERTIFICATE ss. I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6301 introduced at a regular meeting of the City Council of the City of Anaheim, held on the 10th day of June, 2014, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 17th day of June, 2014, by the following vote of the members thereof: AYES: Mayor Tait and Council Members Eastman, Murray, Brandman and Kring NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand this 17th day of June, 2014. torn- , - ��� ab (SEAL) CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6301 and was published in the Anaheim Bulletin on the 26th day of June, 2014. "-J<':�D CITY CLERK OF THE CITY O ANAHEIM (SEAL) AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) ss. County of Orange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the Anaheim Bulletin, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Anaheim, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: June 26, 2014 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County, California, on Date: June 26, 2014 Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714) 796-2209 0 PROOF OF PUBLICATION Proof of Publication of ORDINANCE NO. 2014$301 AN ORDINANCE OF THE CITY COUNCIL OF THE PTER 7.60 r CITY OF ANA- ZO ESQ) OF TIITLEi7 OF THE ANAHEING M MUNICIPAL CODED SAFETY THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: WHEREAS, on October 23, 2012, the City Council of Anaheim adopted Ji- a No. 6256; adding Chapter 7.60 (Child Safety Zones) to Title 7 of the AneheI Mu ipal Code, which ordinance prohibited reglatere sex offenders from entering City p a without the approval of the Chief of Police; and WHEREAS, the City Council adopted Chaappter 7.60 in orde�rr to protect -chit - n from to Ilotered sex offenders by restricting sex often aQwss to City -park! where I- dren equently gather, and wlp&,­ u,a pann wn crmW emgni;amer4; ano WyyHEl1EAS, subse uetit to ,Issuan of the Pepte v, iVuuyen antl People v. Rorlitret decisions, the C'�ty o Anaheim sus dM enfarc, nsenf of Chapter 7.60 pending d determklation by the OaTrfomra $irpreme;t,oult•98 to vfie'ther those deolslona would e revlglNed; WHEREAS, on April 23 2014, the QaIHointo Supreme t $wt daoilned•to is y People v, Nguyen and People v CaodineZ, making the Court 6f,A,ppeaN deotelons in those eases final; and WHEREAS, Chapter 7.60 of the Anaheim Municipal Code prohibits registered sex offenders from entering parks in the City of-Anaheimt however, the Fourth Appell8te District: of the California Court of Appeal has. now determined that -the state statut9ry scheme'lmposingg restrictions on a ex offender's d� life fully occupies the field and therefore preempts local efforts to restrict sett offenders from visiting city. parks and recrga. tional facilities, rendering local ordinances In this area invalid; and f WHEREAS, the City of Anaheim and the Anaheim Pollee Department will co us to enforce state laws regulating registered sex offenders which the City and the heim Police Department are able to enforce; and e: - WHEREAS, should the law char e.in the,future such that localggo dinm agencies are permitted to enact ordinances similar to the Child Safety Zone Ordinance, e City Council will revisit this issue and consider the reenactment of such an ordinance NOW, THEREFORE THE CITY COUNCIL OF THIE CITY OF ANAHEIM, CAUF- NIA, DOES HEREBY ORDAIN AS FOLLOWS: '''"'�����!!!!!! SECTION 1. REPEAL OF CHAPTER 7:60 Chapter 7.60 of Title 7 of the Anaheim Municipal Code is hereby repealed. SECTION 2. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any secti paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it Is the intent of the Council that -it would have passed all ottier portion of this ordinance independent of the elimination herefrom of any such portiorhis JMaybe declared invalid, i 'THE FOREGOING ORDINANCE was introduced at a reeggular meeting of the C Council pf the City of Anaheim Hold on the 10th day of June,, 2014, and "thereafter pass snql stdoppted at a regular meeting of said CRY, Council held on the 17th- day of June, 201 , by ftteicilowing roll call vote - AYE: Mayor Tait, Council Members Eastman, Murray, Brandman and Kling NOES: None ABSENT: None ABSTAIN: None ATTEST: CITY OF ANAHEIM i BY /s/ Tom Taft MAYOR OF THE CITY OF ANAHEII ATTEST: r' By: 1s/ Linda N Andal �+ CITY CLERK OF THE CITY OF ANAHEIM ml Publish:,Anaheim Bulletin June 26, 2014 9924979 U a