01-19-2021 - AGENDA ITEM 04 CONSIDERATION OF REPEAL OF SECTION 15-19 OF ARTICLE I OF CHAPTER 15 OF THE WEST COVINA MUNICIPAL CODE RELATING TO SEX OFFENDER RESIDENCY RESTRICTIONSAGENDA ITEM NO.4
AGENDA STAFF REPORT
City of West Covina I Office of the City Manager
DATE: January 19, 2021
TO: Mayor and City Council
FROM: David Carmany
City Manager
SUBJECT: CONSIDERATION OF REPEAL OF SECTION 15-19 OF ARTICLE I OF CHAPTER 15
OF THE WEST COVINA MUNICIPAL CODE RELATING TO SEX OFFENDER
RESIDENCY RESTRICTIONS
RECOMMENDATION:
Staff recommends that the City Council introduce, by title only, further reading waived, the following
ordinance:
ORDINANCE NO.2475 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, REPEALING SECTION 15-19 (SEX OFFENDER
RESIDENCY RESTRICTIONS) OF ARTICLE I (IN GENERAL) OF CHAPTER 15
(MISCELLANEOUS PROVISIONS RELATING TO PUBLIC HEALTH AND SAFETY) OF THE
WEST COVINA MUNICIPAL CODE
BACKGROUND:
On November 7, 2006, the voters of the State of California approved Proposition 83, commonly known as
Jessica's Law, which amended Penal Code section 3003.5 and added subdivision (b), to prohibit registered sex
offenders from residing within 2,000 feet of any public or private school, or park where children regularly
gather. Proposition 83 also amended Section 3003.5 and added subdivision (c), which authorizes local
jurisdictions to enact local ordinances that further restrict the residency of any registered sex offender.
On July 1, 2008, the West Covina City Council adopted Ordinance No. 2178, adding Section 15-19 (Sex
Offender Residency and Loitering Restrictions) of Article I (In General) of Chapter 15 (Miscellaneous
Provisions Relating to Public Safety) of the West Covina Municipal Code, which created child safety zones and
residency restrictions for registered sex offenders.
In 2015, the California Supreme Court, in In re Taylor, 60 Cal. 4th 1019 (2015), found Penal Code section
3003.5(b)'s blanket residency restrictions against registered sex offenders on parole in San Diego County to be
unconstitutional as applied. However, the Court preserved the ability of the State of California to impose
residency restrictions on an individualized basis for registered sex offenders released on parole.
Following the California Supreme Court's decision in In re Taylor, the West Covina City Council adopted
Ordinances Nos. 2275, 2281, and 2282, repealing the prior Section 15-19 and adding a new Section 15-19,
which imposed residency restrictions on only "child sex offenders" and "sexually violent predators", as
defined. In 2017, the West Covina City Council again repealed and replaced Section 15-19, continuing to
impose residency restrictions on only "child sex offenders" and "sexually violent predators", as defined, and
limiting application of such restrictions to such individuals only while they are on parole.
In March 2020, Alliance for Constitutional Sex Offense Laws, Inc., filed a lawsuit against the City, challenging
Section 15-19, alleging it is unconstitutional as applied to sex offenders living in the City and is unenforceable.
DISCUSSION:
The existing Section 15-19 is not currently relied upon to regulate sex offenders residing in West Covina.
Regulations of sex offenders residing in the City is accomplished through specific probation and parole
conditions and Police Department participation in the regional Internet Crimes Against Children task force. In
addition, particularized enforcement of Penal Code section 3003.5 in proximity to schools and parks continues
to be an available oversight mechanism.
As a means of resolving the pending litigation and given that Section 15-19 is not relied upon to regulate sex
offenders in the City, staff recommends that the City Council repeal the sex offender residency restrictions. The
City Council would not be prevented from developing and implementing a specific ordinance at a future time if
some form of regulatory need became necessary for the protection of the West Covina community.
LEGAL REVIEW:
The City Attorney's Office has reviewed the ordinance and approved it as to form.
Prepared by: Brittany Roberto, Deputy City Attorney
Attachments
Attachment No. 1 - Ordinance No. 2475
CITY COUNCIL GOALS & OBJECTIVES: Enhance the City Image and Effectiveness
ATTACHMENT NO. 1
117 IgU ZKVMS]- D K[I7i- W
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, REPEALING SECTION
15-19 (SEX OFFENDER RESIDENCY RESTRICTIONS) OF
ARTICLE I (IN GENERAL) OF CHAPTER 15
(MISCELLANEOUS PROVISIONS RELATING TO PUBLIC
HEALTH AND SAFETY) OF THE WEST COVINA
MUNICIPAL CODE
WHEREAS, on November 7, 2006, the voters of the State of California approved
Proposition 83, which amended Penal Code section 3003.5 and added subdivision (b), to prohibit
individuals registered pursuant to Section 290 of the California Penal Code (`registered sex
offenders') from residing within 2,000 feet of any public or private school, or park where children
regularly gather; and
WHEREAS, Proposition 83 also amended Penal Code section 3003.5 and added
subdivision (c), which authorizes local jurisdictions to enact local ordinances that further restrict
the residency of any registered sex offender; and
WHEREAS, on July 1, 2008, the City Council of the City of West Covina adopted
Ordinance No. 2178, adding Section 15-19 (Sex Offender Residency and Loitering Restrictions)
of Article I (In General) of Chapter 15 (Miscellaneous Provisions Relating to Public Safety) of the
West Covina Municipal Code, which created child safety zones and residency restrictions for
registered sex offenders; and
WHEREAS, on January 10, 2014, the Fourth District Court of Appeal of the State of
California, in People v. Nauyen, 222 Cal. App 4th 1168 (2014), held that a local ordinance making
it a misdemeanor for registered sex offenders to enter a park where children regularly gather
without permission from law enforcement is preempted by state law; and
WHEREAS, on March 2, 2015, the California Supreme Court, in In re Taylor, 60 Cal. 4th
1019 (2015), held that blanket enforcement of residential restrictions under California Penal Code
section 3003.5 hampers efforts to supervise and rehabilitate sex offenders in the interests of public
safety, such enforcement was arbitrary and oppressive, violating due process under the Fourteenth
Amendment of the U.S. Constitution, as such enforcement caused many registered sex offenders
on parole in San Diego to be homeless, and that such blanket restrictions bear no rational
relationship to advancing the state's legitimate goal of protecting children from sexual predators;
and
WHEREAS, on June 16, 2015, the City Council of the City of West Covina adopted
Ordinance No. 2275, repealing Section 15-19(Sex Offender Residency and Loitering Restrictions)
of Article I (In General) of Chapter 15 (Miscellaneous Provisions Relating to Public Safety) of the
West Covina Municipal Code; and
WHEREAS, on July 21, 2015, the City Council of the City of West Covina adopted as an
urgency Ordinance No. 2281, adding Section 15-19 (Sex Offender Residency Restrictions) of
Article I (In General) of Chapter 15 (Miscellaneous Provisions Relating to Public Safety) of the
West Covina Municipal Code, which imposed residency restrictions on only "chill sex offenders"
and "sexually violent predators", as defined; and
WHEREAS, on August 18, 2015, the City Council of the City of West Covina adopted
Ordinance No. 2282, adding Section 15-19 (Sex Offender Residency Restrictions) of Article I (In
General) of Chapter 15 (Miscellaneous Provisions Relating to Public Safety) of the West Covina
Municipal Code, which imposed residency restrictions on only "child sex offenders" and "sexually
violent predators", as defined; and
WHEREAS, on September 5, 2017, the City Council of the City of West Covina adopted
Ordinance No. 2322, repealing and replacing Section 15- 19 (Sex Offender Residency Restrictions)
of Article I (In General) of Chapter 15 (Miscellaneous Provisions Relating to Public Safety) of the
West Covina Municipal Code, continuing to impose residency restrictions on only "child sex
offenders" and "sexually violent predators", as defined, and limiting application of such
restrictions to such individuals only while they are on parole; and
WHEREAS, on March 3, 2020, Alliance for Constitutional Sex Offense Laws, Inc., filed
a lawsuit against the City, challenging Section 15-19, alleging it is unconstitutional as applied to
sex offenders living in the City and is unenforceable; and
WHEREAS, Section 15-19 is not currently relied upon to regulate sex offenders residing
in the City; and
WHEREAS, regulation of sex offenders residing in the City is currently accomplished
through specific probation and parole conditions and Police Department participation in the
regional Internet Crimes Against Children task force, and enforcement of Penal Code section
3003.5 in proximity to schools and parks continues to be an available enforcement mechanism;
and
WHEREAS, the City Council now desires to dispose of pending litigation through repeal
of Section 15-19 in its entirety.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The City Council finds that all of the recitals set forth herein are
true and correct.
SECTION 2. Repeal of Section 15-19. The City Council hereby repeals Section 15-19
(Sex Offender Residency Restrictions) of Article I (In General) of Chapter 15 (Miscellaneous
Provisions Relating to Public Health and Safety) of the West Covina Municipal Code in its
entirety.
SECTION 3. Environmental Compliance. The City Council hereby fords that it can be
seen with certainty that there is no possibility the adoption and implementation of this Ordinance
may have a significant effect on the environment. The Ordinance is therefore exempt from the
environmental review requirements of the California Environmental Quality Act pursuant to
Section 15061(b)(3) of Title 14 of the California Code of Regulations.
SECTION 4. Severability. If any section, subsection, sentence, clause, phrase or portion
of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining portions
of this Ordinance. The City Council of the City of West Covina hereby declares that it would have
adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or
portions be declared invalid or unconstitutional.
SECTION 5. Effective Date. This Ordinance shall take effect thdty (30) days after its
final passage.
SECTION 6. Certification The City Clerk shall certify to the passage and adoption of
this Ordinance and shall cause the same to be published or posted in the mariner required by law.
PASSED, APPROVED AND ADOPTED on the _ day of , 2021.
Letty Lopez- Viado
Mayor
APPROVED AS TO FORM ATTEST
Thomas P. Duarte Lisa Sherrick
City Attorney Assistant City Clerk
I, LISA SHERRICK, ASSISTANT CITY CLERK of the City of West Covina, California,
do hereby certify that the foregoing Ordinance No. 2475 was introduced at a regular meeting of
the City Council held on the 19th day of January, 2021, and adopted at a regular meeting of the
City Council held on the _ day of , 2021, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Lisa Sherrick
Assistant City Clerk