HomeMy WebLinkAbout42 - NB-7 - Attachment 1 - 2/18/2014ORDINANCE NO. 14 -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA
REPEALING CHAPTER XIII TO TITLE 11 OF THE COSTA MESA MUNICIPAL
CODE, RELATING TO SEX OFFENDERS PROHIBITED FROM CITY PARKS AND
SPORTS FACILITIES
WHEREAS, on May 1, 2012, the City Council of the City of Costa Mesa adopted
Ordinance No. 12-3, adding Chapter XIII (Sex Offenders Prohibited From Entering
Parks and Sports Facilities) of Title 11 (Offenses — Miscellaneous), which prohibited all
registered sex offenders, pursuant to Section 290 of the California Penal Code, from
entering City parks and City sports facilities, as defined; and
WHEREAS, on January 10, 2014, the Fourth Appellate District of the California
Court of Appeal, in People v. Nguyen, 222 Cal. App. 4th 1168 (2014), held that a local
ordinance making it a misdemeanor for registered sex offenders to enter a park where
children regularly gather without permission from law enforcement is preempted by
state law; and
WHEREAS, Section 11-203 of the Costa Mesa Municipal Code prohibits
registered sex offenders from entering parks within the City of Costa Mesa and is most
likely also preempted by state law.
NOW THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF
COSTA MESA DO HEREBY ORDAIN AS FOLLOWS:
Section 1. Chapter XIII of Title 11 of the Costa Mesa Municipal Code is hereby
repealed.
Section 2. If any section, subsection, sentence, clause or phrase or word of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction or preempted by state legislation, such decision or
legislation shall not affect the validity of the remaining portions of this Ordinance. The
City Council of the City of Costa Mesa hereby declares that it would have passed this
Ordinance and each and every section, subsection, sentence, clause or phrase or word
not declared invalid or unconstitutional without regard to any such decision or
preemptive legislation.
Section 3. Any provision of the Costa Mesa Municipal Code or appendices thereto
inconsistent with the provisions of the Ordinance, to the extent of such inconsistencies
and no further, are repealed or modified to that extent necessary to affect the provisions
of this Ordinance.
Section 4. The Mayor shall sign and the City Clerk shall attest to the passage of this
Ordinance. The City Clerk shall cause the same to be published and/or posted in a
manner required by law. The Ordinance will become effective 30 -days from its adoption.
PASSED AND ADOPTED this day of , 2014.
Mayor
APPROVED AS TO FORM:
City Attorney
ATTEST:
City Clerk of the City of Costa Mesa
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, Brenda Green, City Clerk and ex -officio clerk of the City Council of the City of
Costa Mesa, hereby certify that the above and foregoing Ordinance No. 14 --was
introduced and considered section by section at a regular meeting of the Costa
mesa City Council held on the day of , 2014, and thereafter
passed and adopted as a whole at a regular meeting of the Costa Mesa City
Council held on the _ day of 2014, by the following roll call
vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the
City of Costa Mesa this day of , 2014.
City Clerk and ex -officio
Clerk of the City Council of the
City of Costa Mesa
-2—