HomeMy WebLinkAboutOrd 2006-3034
ORDINANCE NO. 3034
ORDINANCE OF THE CITY OF CHULA VISTA ADDING
CHAPTER 9.80 TO THE CITY OF CHULA VISTA
MUNICIPAL CODE TO REGULATE THE PROXIMITY OF
SEX OFFENDERS TO CHILDREN'S FACILITIES
WHEREAS, convicted sex offenders who committed a sexual offense against children
pose a clear threat to the children residing, or visiting in our community; and
WHEREAS, the City of Chula Vista currently places a high priority on maintaining
public safety through a highly skilled and trained police department as well as laws that deter and
punish criminal behavior; and
WHEREAS, it is the intent of the City ofChula Vista in enacting this measure to help its
citizens and their children have additional precautions. It is not the intent of the City to
embarrass or harass persons convicted of sex offenses.
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as
follows:
FINDINGS AND DECLARATIONS
The City of Chula Vista finds and declares each of the following:
(a) The City of Chula Vista currently places a high priority on maintaining public safety
through a highly skilled and trained police department as well as laws that deter and
punish criminal behavior.
(b) It is the intent of the City of Chula Vista in enacting this measure to help its citizens and
their children have additional precautions. It is not the intent of the city to embarrass or
harass persons convicted of sex offenses.
(c) The City of Chula Vista must take additional steps to monitor sex offenders and protect
children.
DEFINITIONS
"Park" or "city park" means the land and easements owned or leased by the city of Chula Vista
which, by ordinance, resolution, regulation or agreement, is dedicated to or operated by the city
for purposes of sports and public recreation.
"Person" means a person who has committed a sexual offense against or involving a minor for
which the person must register as a sex offender pursuant to Penal Code 9290.
Ordinance No. 3034
Page 2
RESIDENCY RESTRICTIONS - SCHOOLS AND PARKS
I. A person shall not reside within five hundred (500) feet of the real property of a school,
grades kindergarten through eighth.
2. A person shall not reside within five hundred (500) feet of the real property of a park.
3. Following notification by the Chula Vista Police Department of the requirements of this
ordinance, any violation of this section is a misdemeanor punishable by a fine of up to
and including $1,000 and/or six months in the county jail.
4. This section shall not apply to any person who has established a residence (at which this
person lists as his or her address for Penal Code ~ 290 registration) prior to July I, 2006.
SEVERABILITY
If any provisions or clause of this Ordinance or the application thereof to any person or
circumstance is held to be unconstitutional or otherwise invalid by any court of competent
jurisdiction, such invalidity shall not affect other provisions of this Ordinance or clauses or
applications thereof which can be implemented without the invalid provision, clause or
application, and to this end, the provisions and clauses of this Ordinance are declared to be
severable.
SECTION 3. Effective Date.
This Ordinance shall take effect and be in full force on the thirtieth day from and after its
adoption.
Presented by
lli~"f~
Approved as to form by
~<:\.If~~\\.'t~.
Ann Moore
City Attorney .
Police Chief
Ordinance No. 3034
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 28th day of March, 2006, by the following vote:
AYES: Councilmembers:
Castaneda, Chavez, and Rindone
NAYS: Councilmembers:
None
ABSENT: Councilmembers:
None
ABSTAIN: Councilmembers:
McCann, Padilla
I )"
"..~.. 1-/(',/ { (/ ((
Stephen C.'Padilla, Mayor
ATTEST:
~W6-U~~~
Susan Bigelow, MMC, Cit erk
>
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3034 had its first reading at a regular meeting held on the 21st day of March,
2006 and its second reading and adoption at a regular meeting of said City Council held on the
28th day of March 2006.
Executed this 28th day of March 2006.
I '~
~1.J1'.. :;-:;:J~
Susan Bigelow, MMC, Ci Clerk