HomeMy WebLinkAboutCC ORD 2014-2399ORDINANCE NO. 2014 — 2399
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
REPEALING CHAPTER 10.63 OF THE NATIONAL CITY MUNICIPAL CODE
REGULATING PROXIMITY OF SEX OFFENDERS' TO CHILDREN'S FACILITIES
WHEREAS, on November 15, 2005, the City Council adopted Ordinance No.
2005-2275, adding Chapter 10.63 to the National City Municipal Code to regulate proximity of
sex offenders to children's facilities: and
WHEREAS, the California Court of Appeal determined that a similar sex offender
ordinance adopted by the City of Irvine was preempted by State Jaw and, therefore, could not be
enforced (People v. Nguyen (2014) 184 Cal App 4th 1096); and
WHEREAS, based on current state law, the City Council seeks to amend its
Municipal Code by repealing Chapter 10.63 in its entirety.
follows:
NOW, THEREFORE, the City Council of the City of National City does ordain as
Section 1. Chapter 10.63 of the National City Municipal Code, "Proximity of Sex
Offenders to Children's Facilities" is hereby repealed in its entirety.
Section 2. The City Council, exercising its independent judgment, finds this
amendment is exempt from the California Environmental Quality Act (CEQA) Guidelines per
Section 15061(b)(3) because the amendment does not have the potential to cause a significant
effect on or impact the environment.
Section 3. This Ordinance shall be effective 30 days after its adoption, and the City
Clerk shall certify to the adoption of this Ordinance and cause the same to be published and/or
posted as required by Jaw.
PASSED and ADOPTED this 2nd day of Decem.- +:14.
on r orrison, ► ayor
ATTEST:
4
Mic ael R. Dalla, ity Clerk
Passed and adopted by the Council of the City of National City, California, on
December 2, 2014 by the following vote, to -wit:
Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
By:
RON MORRISON
Mayor of the City of National City, California
/4j4jli
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City erk of the City of ational City, California
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 18, 2014 and on December 2, 2014.
I FURTHER CERTlFY 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. 2014-2399 of the City Council of the City of National City, passed
and adopted by the Council of said City on December 2, 2014.
By:
City Clerk of the City of National City, California
Deputy