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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 App. 4th 1168 (2014), and in a similar unpublished opinion, People v. Godinez, 2014 Cal.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 Chapter 9.29 of the Arroyo Grande Municipal Code is hereby repealed.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 • 1