HomeMy WebLinkAbout2337 ORDINANCE NO. 2337
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ARCADIA, CALIFORNIA REPEALING CHAPTER 9.4
OF ARTICLE IV OF THE ARCADIA MUNICIPAL CODE
REGARDING SEX OFFENDER REGISTRATION
WHEREAS, on May 19, 2009, the City Council of the City of Arcadia adopted
Ordinance 2257, establishing Chapter 9.4 of the Arcadia Municipal Code ("Chapter 9.4")
regarding sex offender residency and loitering restrictions; and
WHEREAS, on September 16, 2014, in response to developing case law, the
City Council adopted Ordinance 2318, amending Chapter 9.4 to remove regulations
restricting where sex offenders may travel or loiter; and
WHEREAS, the City of Arcadia is authorized, as recognized by Penal Code
Section 3003.5(c), to enact local ordinances that restrict the residency of registered sex
offenders beyond the limits established under California law; and
WHEREAS, notwithstanding Penal Code Section 3003.5(c), several cities,
including the City of Arcadia, have been subjected to challenge on the basis that certain
residency restrictions violate the United States and California Constitutions; and
WHEREAS, under current state law, it is unlawful for any registered sex offender
to reside within 2,000 feet of any public or private school, or park where children
regularly gather; and
WHEREAS, the City Council determines that the state law restrictions protect
children from registered sex offenders; and
WHEREAS, the City Council desires to repeal Chapter 9.4, thereby subjecting
sex offenders within the City to state law restrictions only.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 9.4 of Article IV of the Arcadia Municipal Code is hereby
repealed in its entirety.
SECTION 2. Severability. If any section, subsection, subdivision, paragraph,
sentence, clause or phrase of this ordinance or any part thereof is for any reason held
to unconstitutional, such decision shall not affect the validity of the remaining portion of
this ordinance or any part thereof. The City Council of the City of Arcadia hereby
declares that it would have passed each section, subsection, subdivision, paragraph,
sentence, clause or phrase thereof, irrespective of the fact that any one or more section,
subsection, subdivision, paragraph, sentence, clause or phrases be declared
unconstitutional.
SECTION 3. Effective Date. This Ordinance shall become effective upon the
thirty-first (31st) day following its adoption by a majority vote of the City Council.
SECTION 4. Publication. The City Clerk shall certify to the adoption of this
Ordinance and shall cause a copy of same to be published in the official newspaper of
the City of Arcadia within fifteen (15) days after its adoption.
[SIGNATURES ON THE NEXT PAGE]
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Passed, approved, and adopted this 21st day of June , 2016.
Mayor of the Cit of Arcadia
ATTEST:
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APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, GENE GLASCO, City Clerk of the City of Arcadia, hereby certifies that the
foregoing Ordinance No. 2337 was passed and adopted by the City Council of the City of
Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said
Council held on the 21st day of June, 2016 and that said Ordinance was adopted by the
following vote, to wit:
AYES: Council Members Amundson, Beck, Chandler, and Tay
NOES: None
ABSENT: Council Member Verlato
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City of the; ity of Arcadia