HomeMy WebLinkAboutCC ORD 2005-2275 Adds Ch. 10.63, sex offenders' proximity to children's facilities (10.63)ORDINANCE NO. 2005 — 2275
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
ADDING CHAPTER 10.63 TO THE NATIONAL CITY
MUNICIPAL CODE TO REGULATE PROXIMITY OF SEX
OFFENDERS TO CHILDREN'S FACILITIES
BE IT ORDAINED by the City Council of the City of National City as follows:
Section 1. Title 10 of the National City Municipal Code is hereby amended by adding
Chapter 10.63 to read as follows:
Chapter 10.63
SEX OFFENDERS PROXIMITY TO CHILDREN'S FACILITIES
Sections:
10.63.010 Purpose.
10.63.020 Definitions.
10.63.030 Regulations.
10.63.040 Violations.
10.63.010 Purpose. Sex offenders pose a clear threat to the children residing, or
visiting in our community. Because convicted sex offenders are more likely than any other type
offender to reoffend for another sexual assault, the City Council of the City of National City
desires to impose safety precautions in furtherance of the goal of protecting our children. The
purpose of this regulation is to reduce the potential risk of harm to children of our community by
impacting the ability for sex offenders to be in contact with unsuspecting children in locations
that are primarily designed for use by, or are primarily used by children, namely, the grounds of
a public or private school for children, a center or facility that provides day care or children's
services, a video arcade, a playground, park, or an amusement center. The City of National
City desires to add location restrictions to such offenders where the state law is silent.
10.63.020 Definitions.
A. "Sex Offender" means a person who has been required to register with a
governmental entity as a sex offender.
B. "Children" means those person's who are under the age of eighteen (18) years of
age.
10.63.030 Prohibitions. A sex offender is prohibited from being on or within three
hundred feet (300') of a public or private school for children, a center or facility that provides day
care or children's services, a video arcade, a playground, park, or an amusement center. This
prohibition does not apply to a sex offender's place of residence when regulated by state law.
2005 Ordinance 1 Sex Offenders Proximity to
Children's Fadlities
10.63.040 Violations. Any person violating this section is guilty of a
misdemeanor. A misdemeanor is punishable by a fine up to one thousand dollars ($1,000) or
by imprisonment for up to one year, or both. The city attorney may reduce the violation to an
infraction. An infraction is punishable by (1) a fine not exceeding one hundred dollars ($100) for
a first violation; (2) a fine not exceeding two hundred dollars ($200) for a second violation; (3) a
fine not exceeding five hundred dollars ($500) for each additional violation of this provision. A
person is guilty of a separate offense for each and every day during which a violation occurs.
PASSED and ADOPTED this 15th day of November 2005.
nzunza, Mayor
ATTEST:
0
Mic ael Dalla, ity Clerk
APPROVED AS TO FORM:
Geor 7Eiser eH.
9 , III
City Attorney
2005 Ordinance 2 Sex Offenders Proximity to
Children's Facilities
Passed and adopted by the Council of the City of National City, California, on
November 15, 2005, by the following vote, to -wit:
Ayes: Councilmembers Inzunza, Natividad, Morrison, Parra, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: NICK INZUNZA
Mayor of the City of National City, California
MICHAEL R. DALLA
City Clerk of the City of National City, California
By:
Deputy
I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven
calendar days had elapsed between the day of its introduction and the day of its final
passage, to wit, on November 1, 2005, and on November 15, 2005.
I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or
that the reading of said ordinance in full was dispensed with by a vote of not less than a
majority of the members elected to the Council and that there was available for the
consideration of each member of the Council and the public prior to the day of its
passage a written or printed copy of said ordinance.
I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of
ORDINANCE NO. 2005-2275 of the City Council of the City of National City, passed
and adopted by the Council of said City on November15, 2005.
h
Cit Clerk of the City f National City, California
By:
Deputy