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O 624 ORDINANCE NO. 624 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADDING CHAPTER 9.29 ENTITLED "PROXIMITY RESTRICTIONS TO CHILDREN'S FACILITIES FOR REGISTERED SEX OFFENDERS" TO THE ARROYO GRANDE MUNICIPAL CODE WHEREAS, the City Council of the City of Arroyo Grande recognizes that convicted sex offenders pose a clear threat to the safety of children in the community; and WHEREAS, the City Council of the City of Arroyo Grande recognizes that convicted sex offenders have been objectively determined to be more likely than any other type of offender to re -offend for another sexual assault; and WHEREAS, the City Council of the City of Arroyo Grande desires to create pro- active precautionary measures to protect the safety of children in the community; and WHEREAS, the City Council of the City of Arroyo Grande desires to reduce the potential risk to the safety of children in the community by impacting the ability for convicted sex offenders to be in contact with children in locations that are primarily designed for use by, or are primarily used by children; NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Arroyo Grande as follows: SECTION 1. Chapter 9.29 is hereby added to Title 9 of the Arroyo Grande Municipal Code as set forth in Exhibit A, which Exhibit is attached hereto and incorporated herein by this reference. 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 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. ORDINANCE NO. 624 PAGE 2 On motion by Council Member Fellows, seconded by Council Member Guthrie, and by the following roll call vote to wit: AYES: Council Members Fellows, Guthrie, Costello, Ray, and Mayor Ferrara NOES: None ABSENT: None the foregoing Ordinance was adopted this 8` day of June, 2010. ORDINANCE NO. PAGE 3 TONY F'yi-;•,MAYOR ATTEST: A /, � /'' l Q 1 - KELLY W TMO , CITY CLERK APPROVED AS TO CONTENT: J STEV N ADAMS, CITY MANAGER APPROVED AS TO FORM: 21 i � ' I OTHY J. CARMEL, CITY ATTORNEY ORDINANCE NO. 624 PAGE 4 EXHIBIT A CHAPTER 9.29 PROXIMITY RESTRICTIONS TO CHILDREN'S FACILITIES FOR REGISTERED SEX OFFENDERS Sections: 9.29.010 Purpose. 9.29.020 Definitions. 9.29.030 Prohibitions. 9.29.040 Notice. 9.29.050 Criminal penalties. 9.29.010 Purpose. Sex offenders present a clear threat to children in the community. Convicted sex offenders have been objectively determined to be more likely than any other type of offender to re -offend for another sexual assault. The City and the Police Department have a desire to create pro- active precautionary measures to protect children in the community. The purpose of this Ordinance is to strengthen those precautionary measures and reduce the potential risk of harm to children in the community by impacting the ability of convicted sex offenders to be in contact with children in locations that are primarily designed for use by, or are primarily used by, children. 9.29.020 Definitions. The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: A. "Child" or "children" shall mean any person under 18 years of age. B. "City" shall mean the City of Arroyo Grande. C. "Children's facility" shall mean any school, day care center, or park. D. "Day care center" shall mean any child day care facility other than a family day care home and includes infant centers, pre - schools, extended -day care facilities and school -age child care centers as defined in Section 1596.76 of the California Health and Safety Code and licensed pursuant to the provisions of the Califomia Child Cay Care Facilities Act (California Health and Safety Code Sections 1596.70 et seq.). E. "Loitering" shall mean to delay or linger within three hundred (300) feet of a children's facility and for the purpose of committing a crime as opportunity may be discovered. F. "Park" shall mean any public park or recreation or playground area or building or facility thereon within the City owned and maintained by the City as a public park or recreation or playground area. ORDINANCE NO. 624 PAGE 5 G. "School" shall mean any institution of learning for minors, whether public or private, offering instruction ion those courses of study required by the State Education Code and maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college or university. H. "Sex offender" shall mean a person who is required to register with a governmental entity as a sex offender when the underlying offense was a crime involving a child. 9.29.030 Prohibitions. A sex offender is prohibited from being on or within three hundred (300) feet of a children's facility: A. While there for the apparent purpose of observing a child or children; B. While loitering, or C. If the sex offender returns at any time after having been notified to leave by the owner or any authorized official of such children's facility. Three hundred (300) feet shall be measured from the property lines of the parcel so zoned or used of each children's facility without regard to intervening structures. 9.29.040 Notice. A. Registered sex offenders residing in the City, prior to the date this Chapter becomes effective, shall be personally advised of the Ordinance by the Police Department or mailed a copy of the Ordinance by first class mail to their residence. B. Thereafter, registered sex offenders who register with the Police Department shall be provided a copy of the Ordinance at the time of their registration. 9.29.050 Criminal penalties. A violation of any provision of this Chapter is a misdemeanor. 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. 624 which was introduced at a regular meeting of the City Council on May 25, 2010; was passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 8 day of June 2010; 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 10` day of June 2010. �l�. L KELLY ET,j ORE, CITY CLERK