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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. 1 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 Chapter 9.4 of Article IV of the Arcadia Municipal Code is hereby repealed in its entirety.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] 2 Passed, approved, and adopted this 21st day of June , 2016. Mayor of the Cit of Arcadia ATTEST: Ie APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 3 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 i City of the; ity of Arcadia