HomeMy WebLinkAbout- - Sex Offender Park Exclusion Ordinance - 4/17/2012CITY COUNCIL AGENDA REPORT
MEETING DATE: April 17, 2012
SUBJECT: SEX OFFENDER PARK EXCLUSION ORDINANCE
DATE: MARCH 31, 2012
ITEM NUMBER:
FROM: POLICE DEPARTMENT
PRESENTATION BY: MARK MANLEY, POLICE LIEUTENANT
ELENA GERLI, DEPUTY CITY ATTORNEY
FOR FURTHER INFORMATION CONTACT: Mark Manley (714) 754-5043
Elena Gerli (714) 446-1400
RECOMMENDATION:
Adopt Ordinance No. 12-_, to be read by title only, and waive further reading.
BACKGROUND:
On April 5, 2011, the Orange County Board of Supervisors unanimously voted to adopt a new
County ordinance to establish County parks as Child Safety Zones to further protect children
from registered sex offenders. The ordinance was developed and proposed by Orange
County District Attorney Tony Rackaukas and Fourth District Supervisor Shawn Nelson, to
cover the gap in the State law, which only provides that sex offenders may not enter parks
where children regularly gather while on parole for sex crimes committed against a victim
under 14 years of age. The County ordinance makes it a misdemeanor for registered sex
offenders to enter County parks where children regularly gather without written permission
from the Orange County Sheriff's Department. The Ordinance does not apply to any City -
owned parks located in the County, such as those City -owned parks located in Costa Mesa.
Therefore, District Attorney Rackaukas has requested, in writing, that all Orange County
cities consider adopting similar ordinances to extend the prohibition to City Parks.
ANALYSIS:
California Penal Code Section 290, and related subsections, requires individuals convicted of
certain crimes to register as sex offenders. The registration process is used to ensure that
such offenders shall be readily available for police identification at all times because such
offenders are deemed likely to commit similar offenses in the future. The proposed ordinance
would protect children from registered sex offenders by restricting sex offenders' access to
locations where children regularly gather, such as City parks and City -owned sports facilities
in Costa Mesa. It would reduce the risk of harm to children by limiting sex offenders' access
to and contact with children. Furthermore, this ordinance is consistent with the goals and
1
objectives of the City's Neighborhood Improvement Task Force and will provide another
invaluable tool to further keep the citizens of Costa Mesa safe.
Attached to the this staff report is a letter from District Attorney Tony Rackauckas to the
Mayor, addressing the need for such an ordinance is some detail.
ALTERNATIVES CONSIDERED:
The City Council can consider a less broad application of crimes under California Penal Code
Section 290. This approach, however, is not recommended.
FISCAL REVIEW:
There is no fiscal impact associated with this action.
LEGAL REVIEW:
The City Attorney's Office has been involved in the preparation of the proposed ordinance and
has reviewed and approved the attached ordinance.
CONCLUSION:
Staff recommends that the City Council adopt the attached Sex Offender Park Exclusion
ordinance, to be read by title only and waive further reading.
THOMAS R. HATCH
CHIEF EXECUTIVE OFFICER
TOM GAZSI
POLICE CHIEF
THOMAS DUARTE MARK MANLEY
CITY ATTORNEY (legal review only) LIEUTENANT
DISTRIBUTION: Acting Development Services Director Khan Nguyen
Chief of Code Enforcement Willa Bowens -Killeen
Captain Allen Huggins
ATTACHMENTS: Proposed Ordinance 12 -
Letter from District Attorney Tony Rackauckas to Mayor Monahan, dated November 18
2011.
E