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Nguyen, 222 Cal.App.4th 1168, and People v. Godinez, 2014 WL 99188 (unpublished), striking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