Ordinance - 2475ORDINANCE 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
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) ofthe
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. Nguyen, 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 ofpublic
safety, such enforcement was arbitrary and oppressive, violating due process under the Fourteenth
Amendment ofthe 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) ofthe
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 "child 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 ofthe 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) ofthe
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 Crones 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 finds that it can be
seen with certainty that there is no possibility the adoption and implementation ofthis 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 ofthe 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 ofthe remaining portions
of this Ordinance. The City Council ofthe City of West Covina hereby declares that it would have
adopted this Ordinance and each section, subsection, sentence, clause, phrase, orportion thereof,
irrespective ofthe 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 thirty (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 manner required by law.
PASSED, APPROVED AND ADOPTED on the 2nd day of February, 2021.
APPRO TO FORM
Thomas P. uarte
City Attorney
ATTEST
Lisa errick
As ant City Clerk
I, LISA SEERRICK, ASSISTANT CITY CLERK ofthe 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 2nd day of February, 2021, by the following roll call vote:
AYES: Castellanos, Diaz, Lopez-Viado, Tabatabai, Wu
NOES: None
ABSENT: None
ABSTAIN: None
Lisa errick
As . nt City Clerk