HomeMy WebLinkAboutOrd 2017-3411ORDINANCE NO. 3411
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHAPTER 9.80 OF THE CHULA VISTA MUNICIPAL CODE
RELATING TO SEX OFFENDER RESIDENCY
RESTRICTIONS
WHEREAS, the City of Chula Vista adopted Chula Vista Municipal Code ("CVMC")
Chapter 9.80 in March 2006 to impose local residency restrictions on sex offenders in the interest
of public safety; and
WHEREAS, CVMC Section 9.80.020 provides that a "Person" who has committed a
sexual offense against or involving a minor that has been required to register as a sex offender
pursuant to Penal Code Section 290 is prohibited from residing within 500 feet of a school
(grades K through 8) or a park; and
WHEREAS, recent rulings by the California Supreme Court and the California Court of
Appeals for the Fourth District (which covers San Diego County) have held that residency
restrictions determined on an individualized probation or parole basis are permitted but that
"blanket" sex offender residency restrictions similar to those provided in Chapter 9.80 of the
CVMC are unconstitutional; and
WHEREAS, in light of these court decisions, it is necessary and appropriate for the City
to modify Chapter 9.80 to remove the blanket residency restrictions for sex offenders contained
therein; and
WHEREAS, existing California law requiring sex offenders to register with local law
enforcement agencies will continue in effect; and
WHEREAS, state or county agencies will continue to have the authority to place further
individualized restrictions and requirements on sex offenders who are on parole or probation,
including GPS monitoring and residency restrictions when appropriate in the interest of public
safety.
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
Section I.
Chapter 9.80 of the Chula Vista Municipal Code is hereby amended to read as follows:
SEX OFFENDER REGISTRATION AND RESTRICTIONS
Sections:
9.80.010 Findings and Declaration.
9.80.020 State Law Registration Requirements and Individualized Conditions.
9.80.030 Police Department Cooperation.
Ordinance No. 3411
Page No. 2
9.80.010 Findings and Declaration.
The City Council finds and declares that it is in the best interest of the City to monitor
and, whenever possible, cooperate with other local and state agencies to manage the conduct of
convicted sex offenders in the community.
9.80.020 State Law Registration Requirements and Individualized Conditions.
Penal Code section 290 requires sex offenders to register their residency with local law
enforcement agencies. In addition, sex offenders who are on parole or probation with the state or
county are subject to further restrictions and conditions, including residency restrictions and GPS
monitoring as determined on a case-by-case basis. In making case-by-case determinations, state
law currently implements a "Containment Model" approach to sex offender management. The
Containment Model involves collaboration among a team of professionals and the use of
research -based, state -authorized risk assessment tools to evaluate the risk of sexual re -offense
and assist in developing appropriate individualized parole or probation conditions. These
practices may change subject to changes in state or local law.
9.80.030 Police Department Cooperation.
The Chula Vista Police Department shall actively cooperate with other state and local
agencies to assist in the effective enforcement and management of sex offenders, particularly
with regard to sex offender registration requirements. The Police Department is further directed,
when necessary, to report any enforcement issues to the City Manager or City Council.
Section II. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for
any reason held to be invalid, unenforceable or unconstitutional, by a court of competent
jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or
unconstitutionality shall not affect the validity or enforceability of the remaining portions of the
Ordinance, or its application to any other person or circumstance. The City Council of the City of
Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase
of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses
or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section III. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section IV. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section V. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
Presented by
Glen Googin
Att rney
Ordinance No. 3411
Page No. 3
Approved as to form by
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 26th day of September 2017, by the following vote:
AYES: Councilmembers: Aguilar, Diaz, McCann, Padilla, and Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Mary Soas, Mayor
ATTEST:
r
Kerry K. B 4 low, NWC, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3411 had its first reading at a regular meeting held on the 19th day of September
2017 and its second reading and adoption at a regular meeting of said City Council held on the
26th day of September 2017; and was duly published in summary form in accordance with the
requirements of state law and the City Charter.
Dated Kerry K. Baelow, C, City Clerk