Ordinance - 2275ORDINANCE NO. 2275
AN ORDINANCE OF THE CITY OF WEST COVINA, CALIFORNIA,
REPEALING SECTION 15-19 (SEX OFFENDER RESIDENCY AND
LOITERING RESTRICTIONS) OF ARTICLE I (GENERAL) OF
CHAPTER 15 (MISCELLANEOUS PROVISIONS RELATING TO
PUBLIC HEALTH AND SAFETY), RELATING TO SEX OFFENDERS
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 (General) of Chapter 15 (Miscellaneous Provisions
Relating to Public Safety), which created child safety zones and residency
restrictions for individuals registered pursuant to Section 290 of the California
Penal Code ("registered sex offenders"); and
WHEREAS, on January 10, 2014, the Fourth Appellate District of the California Court of
Appeal, 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 Tam, 60 Cal. 4th 1019
(2015) held that blanket enforcement of residency restrictions under Pen. Code, §
3003.5(b) 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
County 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, Section 15-19.2 of the West Covina Municipal Code prohibits registered sex
offenders from entering and being within 300 feet of child safety zones, which t
include parks, schools, public libraries, school bus stops, swimming pools and
children's playgrounds, and this provision has been challenged on the basis that is
preempted by state law, among other grounds; and
WHEREAS, Sections 15-19.3 through 15-19.8 of the West Covina Municipal Code prohibit
registered sex offenders from residing within 2000 feet of a park, day care center
or school, restrict sex offenders from residing in motels/hotels, and prohibit more
than one sex offender from residing in the same dwelling unless related by blood
or marriage, and these provisions are likely to be challenged as unconstitutional
and/or as preempted by state law; and
WHEREAS Sections 15-19.9 through 15-19.18 prohibit knowingly renting lodgings or
housing to registered sex offenders, and these provisions are likely to be
Ordinance No. 2275
Page 2
challenged as preempted in part by Section 290.46, which imposes civil penalties
on any person who uses sex offender information obtained from a Megan's Law
website to deny housing to registered sex offenders.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION NO. 1: Section 15-19 (Sex Offender Residency and Loitering Restrictions) of
Article I (General) of Chapter 15 (Miscellaneous Provisions Relating to Public Safety) is hereby
repealed.
SECTION NO. 2: The City Clerk shall certify the adoption of this Ordinance and
shall cause the same to be posted or published in the manner as required by law.
SECTION NO. 3: This ordinance shall take effect and be in force thirty (30) days
from and after the date of its passage.
PASSED, APPROVED AND ADOPTED on this 16`h day of June, 2015
APPR
VED AS TO FORM:
Kimberly HM Barlow
City Attorney
Frederick ykes
Mayor
ATTEST:
Nickolas-S. Lewis
City Clerk
I, NICKOLAS S. LEWIS, 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 2°d day of June, 2015. That thereafter said
Ordinance was duly adopted and passed at a regular meeting of the City Council on the 161h day
of June, 2015, by the following vote:
AYES: Spence, Toma, Warshaw, Wong, Sykes+
NOES: None
ABSENT: None
ABSTAIN: None
Nickolas S.'Lewi
City Clerk