6256ORDINANCE NO. 6256
AN ORDINANCE OF THE CITY OF ANAHEIM ADDING
SECTIONS 7.60.010 THROUGH 7.60.040, INCLUSIVE, OF
CHAPTER 7.60 OF TITLE 7 OF THE ANAHEIM MUNICIPAL
CODE RELATING TO CHILD SAFETY ZONES
THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS
AS FOLLOWS:
SECTION 1.
That Section 7.60.010 of Chapter 7.60 of Title 7 of the Anaheim Municipal Code
be, and the same is hereby, added to read as follows:
"7.60.010. Purpose and Intent.
.010. It is the purpose and intent of this Chapter to protect children from
registered sex offenders by restricting sex offenders' access to City parks where children
regularly gather. It is intended to reduce the risk of harm to children by limiting the ability of
sex offenders to be in contact with children in these locations while, under narrow circumstances,
allowing such persons access to City parks.
.020. It is further the intent of this Chapter to provide additional restrictions
beyond those provided for in state law by restricting sex offenders from certain limited locations,
and by allowing for criminal penalties for violations of this Chapter. It is not the intent of this
Chapter to allow conduct otherwise prohibited by state law, or to contradict state law. City parks
are recognized by the City Council as locations where children regularly gather."
SECTION 2
That Section 7.60.020 of Chapter 7.60 of Title 7 of the Anaheim Municipal Code
be, and the same is hereby, added to read as follows:
"7.60.020 Prohibition.
.010. Except as otherwise permitted pursuant to Section 7.60.030 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 chapter.
.020. As used in this Chapter, "City Park" shall mean and include all
Community Parks, Neighborhood Parks and Special Use Parks located in the City of Anaheim, a
list of which is on file in the Anaheim Community Services Department."
SECTION 3.
That Section 7.60.030 of Chapter 7.60 of Title 7 of the Anaheim Municipal Code
be, and the same is hereby, added to read as follows:
"7.60.030. Exemption from Prohibition.
.010. The Anaheim Chief of Police may grant an exemption from the
prohibition set forth in Section 7.60.020 of this Chapter to any person who makes a request for
such exemption in accordance with the process set forth below if the Chief of Police determines,
in his or her sole discretion, that such exemption is warranted.
.020. Any person seeking an exemption from the prohibition set forth in Section
7.60.030, shall complete an application therefor on a form available at the Anaheim Police
Department, and submit such application no less than ten (10) days prior to the date(s) upon
which entry to the City Park is desired.
.030 The Chief of Police shall review the application and advise the applicant
within five (5) days of receipt of the application of his or her determination. The decision of the
Chief of Police shall be final."
SECTION 4.
That Section 7.60.040 of Chapter 7.60 of Title 7 of the Anaheim Municipal Code
be, and the same is hereby, added to read as follows:
FA
H
2
Section 7.60.040 Notice to Penal Code Section 290 Registrants.
Every person registering with the Anaheim Police Department pursuant to
California Penal Code Section 290 et seq., shall be provided with a written notice of the
prohibition set forth in Section 7.60.020 above and a copy of Chapter 7.60, and shall sign an
acknowledgment of receipt thereof.
SECTION 5. 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.
SECTION 6. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal of any other ordinance of this
City shall in any manner affect the prosecution for violations of ordinances, which violations
were committed prior to the effective date hereof, nor be construed as a waiver of any license or
penalty or the penal provisions applicable to any violation thereof. The provisions of this
ordinance, insofar as they are substantially the same as ordinance provisions previously adopted
by the City relating to the same subject matter, shall be construed as restatements and
continuations, and not as new enactments.
SECTION 7. PENALTY
It shall be unlawful for any person, firm or corporation to violate any provision or
to fail to comply with any of the requirements of this ordinance. Any person, firm or corporation
violating any provision of this ordinance or failing to comply with any of its requirements shall
be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not
exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months,
or by both such fine and imprisonment. Each such person, firm or corporation shall be deemed
guilty of a separate offense for each day during any portion of which any violation of any of the
provisions of this ordinance is committed, continued or permitted by such person, firm or
corporation, and shall be punishable therefor as provided for in this ordinance.
3
THE FOREGOING ORDINANCE was introduced at a regular meeting of the
City Council of the City of Anaheim held on the 9th day of October , 2012, and
thereafter passed and adopted at a regular meeting of said City Council held on the 23 day of
October , 2012 by the following roll call vote:
AYE: Mayor Tait, Council Members Sidhu, Galloway, Eastman and Murray
NO: None
ABSENT: None
ABSTAIN: None
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
4
MAYOR OF THE CITY OF ANAHEIM
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. 6256 introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 9t" day of October, 2012, and that the same was duly passed and adopted
at a regular meeting of said City Council held on the 23rd day of October, 2012, by the following
vote of the members thereof:
AYES: Mayor Tait and Council Members Sidhu, Galloway, Eastman and Murray
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand this 23d day of October, 2012.
Qayk4D
CITY CLERK OF THE CITY OF ANAHEIM
(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. 6256 and was published in the Anaheim Bulletin on the 1St day of
November, 2012.
CITY CLERK OF THE CITY OF 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:
November 1, 2012
"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: November 1, 2012
V
G
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714)796-2209
PROOF OF PUBLICATION
Proof ORDINANCE NO.6256
AN ORDINANCE OF THE CITY OF ANAHEIM ADDING SEC-
TIGNS 7.60.010 THROUGH 7.60.040. INCLUSIVE, OF CHAP-
TER 7.60 OF TITLE 7 OF THE ANAHEIM WNCAPAL CODE RE-
LATING TO CHILL SAFETY ZONES
THE c TY COUNCIL OF THE CRY OF ANAHEIM HEREBY ORDAINS
AS FOLLOWS:
SECTION That Section 7.60.010 of Chapter 760 of Title 7 of the Mahein)'- ricipal
Code be, and the same is hereby, added to read as follows:
7.60.1)110. Purpose and 11111111L010. r Is the purpose +and *Ment of ttis to profed cddldre n from regis-
tered sex offenders by restrictrrg aez oifanders: s ees My perKs where children regu
Iar11y gather n is Intended to redFrce the tisk of harm to children by ��9 the ability d sen
offenders lo be in contact
with children in these kiallorre under er narrow cicurnotan-
ces, 9 k is *.4 the nteMtof this Chapter to additional restrictions be -
gond thaw provided for n state Iaw by �serc � from r limited Ioca-
frorra and by nog for ««inmiinal penalties f« ol this Chapter. h is not the intent
of this Chapter!m a YI ow conduct otherwise proFdbfiq[J by law. or to contradict state
Sit perks are ieoognmed by the City Corndfas locations where chndrern regularly
SECTION 2"--
That Section 7.60.040 of Chapter 7.60 sof Tib 7 of the Anaheim Municipal Coda be,
and the same is hereby, added to read as fokmil
'7.60.020 Prohibition.
.Oto. Except as otherwise ndied pursuant to Section 7.60.030 of this
Chapter, no person who is required to re purseard to Catifomia Penal Code Section
290 at seq.. shall enter upon «into anPark where chtdren regularly gelher. Each
entry into « upon such City Park, of the time, period between entries, shall con.
stitute a separateoffense under this
Corn -020. As used in this City Park" shall mean and include an
perks, Neighborhood Parks and Special Use Perks located in the City of Anaheim,
a net of which w on fie n the Anaheim Commui tfr Services Depertrroent.•
j
SECTION 3.
That Section 7.6o.030 of Chapter 7.�60boff Tolle 7 of the Anaheen Municipal Code be,
and the same is hereby, added to read agjcln � >
z.6o.o60.1 xemptron from exemption P
010. The Mahaim CAie#; loan pegrant an�n who makes a
tion eel form n Section 7.80.020 � �P� yy �
such exemption in accordance 1 Mss set forth belovr if the Chief of Ponce dater -
mines, n his or her sole discretion; snrdn is warrwMd.
020. Any person an ensu on nom the proM'bificn set forth in Seo-
tion 7.60.030, shell comply *cation therefor on a form available at the Anaheim
Police DapatrneM, and submit no less than tan (10) days prior to the
date(s) upon ,M,ich re the Park is deaied. application -_cel tfre application of his « her determination The decision of
within Chief
(51� o�
the Chief of Ponce shell
WA 7.60.040 of Chapter 7.60 of Tine 7 of the Anaheim Municipal
Code be, and the ee is hereby, added to read as follows:
n
n 7.60.040 Notice to Penal Coda Section 290 Registrants.
person with the Anaheim Police Oepatrnent pursuant lo Cali-
fornia Code Sec Uon aeq shall be provided with a written notice of the prohib-
ition n Section 7.60.020 above and a copy of Chapter 7.60, and snap sign an
a Jax Aedgmerd of receipt thereof.
SECTION 5. SEVERABILITY
The City Council of the City of Anaheim hereby declares that stint f -any sec-
tion, paagraph
or of thisordinance of or xne the Code, hereby adopted, be de-
clared for any be invalid, it is the intent of the Council that A would have passed
all otlrer portions 911 this ordnance indeperndent of the elimination heroism of any such
Portion as may bo declared invalid.
.SECTION 6 SAVINGS CLAUSE
Neither the adoption of itis ordinance nor the repeal of any other ordinance of
this City shag in any manner affect for violations of ordinances, which viola -
bons were committed
d prior to the hereof, nor be construed as a wsWer of arty
game or penalty or the panel provisions applicable to any violation thereof. The prow -
of tFrs ordnarna. insafa as they aresubstantially the same as ordnance provisions
prevousty adopted by the City to the earns errbject molter. shall be construed as
ros rnw and continuations. and nol 8s rnew ernarwnerds.
SECTION 7. PENALTY
It shall be unlawful for arty parson, rnn or corporation to violate ary aro r con
«to � to coneOly with any of the requirements of this ordnance. Anyperson,11rnn «cor-
poration arty provision ol this ordinance «ferTmg to campy with sty of its nature
mems Snell be exce geadlvy� nol a mjgiaydanean« and upon conviction thereof atpneergab«e
ad"a( ry",inolaaor, hof theolpavwaf«tinencecertarutlod�'r,
.it
«partnilted by such fnersan, ram «oaporaron. and shag be pnxnishnble Uiaefor.aa
provided for n thus ardrnarnce.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City
Cancg of the City of Mahaim field on the 9th day of October. 2012, and thereafter passed
and acted at a regular meeting of said City Corncn field on the 23rd day of Ober ,
i
2012 by the following rob call vote:
AYE: Mayor Telt, Council Members Sidhu, Galloway. Eastman ad Murray
NO: None
a ABSENT:None
ABSTAIN: Norio
'1'M
ay«
a AMAYOR OT THATY OF ANAHEIM
ATTEST:
t CITU CLICOF THE Cf1Y0F ANAHEIM