O 662 ORDINANCE NO. 662
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE REPEALING CHAPTER 9.29 OF
THE ARROYO GRANDE MUNICIPAL CODE RELATING
TO PROXIMITY RESTRICTIONS TO CHILDREN'S
FACILITIES FOR REGISTERED SEX OFFENDERS
WHEREAS, On June 8, 2010, the City Council of the City of Arroyo Grande adopted
Ordinance No. 624, adding Chapter 9.29 to Title 9 of the Arroyo Grande Municipal
Code, entitled "Proximity Restrictions to Children's Facilities for Registered Sex
Offenders", which created certain restrictions on registered sex offenders from being
within 300 feet of a "children's facility", which under the ordinance includes schools, day
care centers and parks; and
WHEREAS, on January 10, 2014, the Fourth Appellate District of the California Court of
Appeal, in the published opinion People v. Nguyen, 222 Cal. App. 4th 1168 (2014), and
in a similar unpublished opinion, People v. Godinez, 2014 Cal. App. Unpub. LEXIS 159
(January 10, 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, after the Court of Appeals rulings in Nguyen and Godinez the Orange
County District Attorney filed petitions in the California Supreme Court seeking review of
both cases, and on April 23, 2014 the Supreme Court declined to review the cases,
leaving intact the rulings that the California Legislature had established a "complete
system" for regulating a sex offender's daily life and preempting local regulations such
as contained in Chapter 9.29 of the Arroyo Grande Municipal Code; and
WHEREAS, since the Supreme Court's decision not to review the Nguyen and Godinez
cases the City has been threatened with litigation if it does not repeal Chapter 9.29, and
based upon the foregoing the City Council has determined that it,is appropriate to
repeal Chapter 9.29.
NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Arroyo Grande
as follows:
SECTION 1. Chapter 9.29 of the Arroyo Grande Municipal Code is hereby repealed.
SECTION 2. If any section, subsection, subdivision, paragraph, sentence, or clause of
this Ordinance or any part thereof is for any reason held to be unlawful, such decision shall
not affect the validity of the remaining portion of this Ordinance or any part thereof. The
City Council hereby declares that it would have passed each section, 'subsection,
subdivision, paragraph, sentence, or clause thereof, irrespective of the fact that any one or
ORDINANCE NO. 662
PAGE 2
more section, subsection, subdivision, paragraph, sentence, or clause be declared
unconstitutional.
SECTION 3. A summary of this Ordinance shall be published in a newspaper
published and circulated in the City of Arroyo Grande at least five (5) days prior to the
City Council meeting at which the proposed Ordinance is to be adopted. A certified
copy of the full text of the proposed Ordinance shall be posted in the office of the City
Clerk. Within fifteen (15) days after adoption of the Ordinance, the summary with the
names of those City Council Members voting for and against the Ordinance shall be
published again, and the City Clerk shall post a certified copy of the full text of such
adopted Ordinance.
SECTION 4. This Ordinance shall take effect thirty (30) days after its adoption.
On motion by Council Member Brown, seconded by Council Member Barneich, and by the
following roll call vote to wit:
AYES: Council Members Brown, Barneich, Costello, Guthrie, and Mayor Ferrara
NOES: None
ABSENT: None
the foregoing Ordinance was adopted this 10th day of June, 2014. -
ORDINANCE NO. &492-
PAGE 3
TONY F , MAYOR
ATTEST:
/ / / I/ , . ,
KELLY TM/RE, CITY CLERK
APPROVED AS TO CONTENT:
STEV DAMS, CITY MANAGER
APPROVED AS TO FORM:
TIM?6THY J. CA ME aATTORNEY
OFFICIAL CERTIFICATION
I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San
Luis Obispo, State of California, do hereby certify under penalty of perjury, that
the attached is a true, full, and correct copy of Ordinance No. 662 which was
introduced at a regular meeting of the City Council on May 27, 2014; was passed
and adopted at a regular meeting of the City Council on the 10th day of June
2014; and was duly published in accordance with State law (G.C. 40806).
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 12th
day of June 2014.
KELL WE / ORE, CITY CLERK
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