Ordinance - 2158ORDINANCE NO. 2158
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA AMENDING CHAPTER 15 OF THE WEST COVINA
MUNICIPAL CODE TO INCLUDE RESIDENCY REQUIREMENTS OF
SEX REGISTRANTS
t• WHEREAS, ON November 7, 2006, the voters of the State of California overwhelmingly
approved Proposition 83, "The Sexual Predator Punishment and Control Act: Jessica's Law," so
as to better protect Californians, and the children of this State in particular, from sex offenders;
and
WHEREAS, among other items, Proposition 83 enacts new subsection (b) of Penal Code
Section 3003.5 which make it unlawful for any registered sex offender to reside within 2000 feet
of any public or private school, or any park where children regularly gather; and
WHEREAS, in addition, proposition 83 specifies in new subsection (c) of Penal Code
Section 3003.5 that municipal jurisdictions may enact local ordinances that further restrict the
residency of such persons; and
WHEREAS, the City Council of the City of West Covina has determined that the factors
set forth in Section 2 of Proposition 83, including the high recidivism rate of sex offenders and
the frequency with which they prey on victims under the age of 18, make it incumbent upon the
City of West Covina to enact such additional restrictions as well as to control other behavior by
sex offenders which increases the potential for their victimization of children; and
WHEREAS, the residency restriction implemented by Proposition 83, together with the
possibility for additional residency restrictions which may be implemented by cities near West
Covina, could cause an increase in the number of registered sex offenders who would establish
residency in West Covina in the absence of additional restrictions within the City; and
WHEREAS, an ordinance establishing residency restrictions for registered sex offenders
within the City of West Covina is required for the immediate preservation of the public peace,
health, or safety,
NOW, THEREFORE, the City Council of the City of West Covina does hereby ordain as
follows:
SECTION NO. 1: Section 15-19 is hereby added to the West Covina Municipal Code to
read as follows:
CHAPTER 15, SECTION 19: RESIDENCY RESTRICTIONS FOR
REGISTERED SEX OFFENDERS
Section 15-19 (a) Definitions
When used in this Chapter the following words, terms and phrases shall have the
meanings ascribed to them in this Section.
(1) "Child" or "Children shall mean any person under the age of eighteen (18)
years of age.
• (2) "Children's facility" shall mean any child day care facility, public library,
commercial establishment that provides any area in or adjacent to such
establishment as a children's playground, school bus stop location, or any
location that facilitates on their property classes or group activities for
children.
(3) "Child day care center" shall mean facility that provides non -medical care
to children in need of personal services, supervision, or assistance
essential for sustaining the activities of daily living or for the protection of
the individual on less than a twenty four (24) hour basis, including but not
Ordinance No. 2158
Page 2
limited to any family day care home, infant center, preschool, extended -
day care facility, or school -age child care center.
• (4) "Loitering" shall mean to delay or linger without any apparent purpose or
cause.
(5) "Sex Offender' shall mean any person who has been required to register
with a governmental entity as a sex offender, including but not limited to
any person required to so register pursuant to California Penal Code
Section 290.
Section 15-19(b) Restriction on Residency
It is unlawful for any Sex Offender to reside within two thousand (2000) feet of
any children's facility within the City.
Section 15-19(c) Prohibition against Loitering
It is unlawful for any Sex Offender to loiter within three hundred (300) feet of any
children's facility within the City.
Section 15-19(d) Prohibition against Returning to a Site
It is unlawful for any Sex Offender to return to any location within three hundred
(300) feet of any children's facility at any time after having been notified to leave such
children's facility by the owner or any authorized official of such children's facility.
SECTION NO. 2: Notwithstanding any provision of this ordinance to the contrary, any
Sex Offender legally occupying any residence within the City of West Covina prior to the
effective date of this ordinance may continue to occupy such residence and shall not be deemed
in violation of West Covina Municipal Code Section 15-19(b) by reason of such occupancy.
Should such Sex Offender move after the effective date of this ordinance, the provisions of West
Covina Municipal Code Section 15-19(b) shall apply.
SECTION NO. 3: The West Covina Police Department is directed to send a copy of
this ordinance to each Sex Offender who on the effective date of this ordinance is living within
the City of West Covina.
SECTION NO.4: The City Clerk shall certify to the passage of this Ordinance and
shall be published as required by law.
APPROVED AND ADOPTED this 20th day of March 2007
May r Michael Touhey
• ATTEST:
City Clerk L urie Carrico
Ordinance No. 2158
Page 3
I, LAURIE CARRICO, CITY CLERK of the City of West Covina, California, do hereby certify
that the foregoing Ordinance was regularly introduced and placed upon its first reading at a
regular meeting of the City Council on the 61h day of March 2007. That thereafter said
Ordinance was duly adopted and passed at a regular meeting of the City Council on the 20`h day
• of March, 2007, by the following vote:
AYES: Herfert, Hernandez, Lane, Sanderson, Touhey
NOES: None
ABSTAIN: None
ABSENT: None
ity Clerk Lurie Carrico -
APPROVED AS TO FORM
Alul - J4= -
Ci Attorney Amoo Alvarez-Glasman
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