RES-2014-103 RESOLUTION NO. 2014 -103
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM, CALIFORNIA, EXPRESSING SUPPORT FOR
LEGISLATION TO ALLOW LOCAL GOVERNMENT
AGENCIES TO RESTRICT OR PROHIBIT ACCESS BY
REGISTERED SEX OFFENDERS TO LOCAL GOVERNMENT
AGENCY PARKS AND RECREATIONAL FACILITIES AND
AUTHORIZING SPONSORSHIP OF SUCH LEGISLATION
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 where children
regularly gather 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 regularly
gather; and
WHEREAS, on January 10, 2014, after enactment of Chapter 7.60, the Fourth Appellate
District of the California Court of Appeal issued two decisions, People v. Nguyen, 222
Cal.App.4 1168, and People v. Godinez, 2014 WL 99188 (unpublished), striking down local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, 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, the court in People v. Nguyen 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, in light of People v. Nguyen and on advice of the City Attorney, on June 10,
2014, the Anaheim City Council introduced an ordinance to repeal Chapter 7.60; and
WHEREAS, should the law change in the future such that the local government agencies
are permitted to enact ordinances similar to the Child Safety Zone Ordinance, then to the extent
such state legislation otherwise complies with and can be implemented consisted with other
applicable law, the City Council intends to revisit this issue and consider the reenactment of such
an ordinance ; and
WHEREAS, the City Council of the City of Anaheim now desires to urge the state
legislature to adopt legislation to overturn People v. Nguyen and, as a result, allow local
government agencies to restrict or prohibit registered sex offenders from visiting parks and
recreational facilities where children regularly gather.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM,
CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
1. The City Council supports state legislation to overturn the holding in People v.
Nguyen in order to allow local government agencies to enact ordinances similar to
Anaheim's recently repealed Child Safety Zone Ordinance and, therefore, allow
local government agencies to restrict or prohibit registered sex offenders from
visiting city parks and recreational facilities where children regularly gather; and
2. The City Council hereby desires to officially sponsor such state legislation
described above. In furtherance of this, the City Manager is directed to inform
state legislators that may potentially author such legislation of the City desire to
be a sponsor; and
3. City staff is directed to offer assistance in the preparing of such legislation by any
state legislator who may author and introduce such legislation similar to that
described above.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of the
City of Anaheim this 17th day of ,Tune , 2014, by the following roll call vote:
AYES: Mayor Tait, Council Members Eastman, Murray, Brandman and Kring
NOES: None
ABSENT: None
ABSTAIN:None
CITY OF ANAHEIM
By:
MA OR OF THE CITY OF ANAHEIM
ATTEST:
-rl aCi5CL13 1
CITY CLERK OF THE CITY OF ANAHEIM
102769v2 /m.houston
2