HomeMy WebLinkAboutOrdinances_2766 ORDINANCE NO 2766
AN ORDINANCE OF THE CITY OF REDLANDS ADDING CHAPTER
914 TO THE REDLANDS MUNICIPAL CODE TO ESTABLISH CITY
PARKS AS "CHILD SAFETY ZONES" WHERE REGISTERED SEX
OFFENDERS ARE PROHIBITED FROM ENTERING WITHOUT
WRITTEN PERMISSION FROM THE CITY'S POLICE DEPARTMENT
WHEREAS, the City of Redlands finds that it is appropriate and necessary to protect
children from sexual predators in areas where children frequent by establishing "Child Safety
Zones" within the City of Redlands' parks by prohibiting registered sex offenders from entering
City parks without written permission from the City's Police Department;
THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS
FOLLOWS
SECTION 1 Chapter 9 14, entitled "City Parks and Child Safety Zones" is hereby added
to the Redlands Municipal Code to read as follows
"Chapter 9 14
CITY PARKS AND CHILD SAFETY ZONES
Sections
9 14 010 PURPOSE AND INTENT
9 14 020 CITY OF REDLANDS PARKS -DEFINED
9 14 030• PROHIBITIONS
9 14 040 SIGNAGE PARKING REQUIREMENT
9 14 050 PENALTIES FOR VIOLATIONS
9.14.060. OTHER PROSECUTION AUTHORIZED
9 14 070 WAIVER CRITERIA
9 14 010 Purpose and Intent It is the purpose and intent of this Chapter to protect
children from registered sex offenders by restricting sex offenders' access to locations where
children regularly gather This Chapter is intended to reduce the risk of harm to children by
impacting the ability of sex offenders to be in contact with children It is further the intent of this
Chapter to provide additional restrictions beyond those provided for in state law by restricting
sex offenders from certain locations, and by allowing for criminal penalties for violations of this
Chapter It is not the intent of this Chapter to allow conduct otherwise prohibited by state law, or
to contradict state law City of Redlands parks are recognized by the Redlands City Council as
locations where children regularly gather
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9 14 020 City of Redlands Parks - Defined. For purposes of this Chapter, a City of
Redlands Park is defined as any City-owned, leased, operated or maintained land, before or after
the effective date of the ordinance establishing this Chapter, that is made available to the public,
by the City as active or passive recreational use
9 14 030 Prohibition Any person required to register pursuant to California Penal Code
section 290 et seq. who enters into or upon any City of Redlands park where children regularly
gather, without prior written permission from the Redlands Police Department, is guilty of a
misdemeanor Each entry into any such area,regardless of the time period between entries, shall
constitute a separate offense under this Chapter This Chapter shall not apply to persons
restricted from entering parks pursuant to California Penal Code section 3053 S
9 14 040 Signage Posting Requirement For all City of Redlands Parks, a notice in
substantially the following form shall be posted-
'Penal Code section 290 registrants are prohibited from entering this park without prior
written authorization from the City of Redlands Police Department(RMC Chapter 9 14).'
9 14 050 Penalties for Violation Violations of this Chapter are punishable as set forth in
Chapter 120 of this Code
9 14 050 Other Prosecution Authorized Nothing in this Chapter shall preclude or
prohibit prosecution under any other provision of law
9 14 070 Waiver Criteria Notwithstanding the foregoing, a person required to register
pursuant to Penal Code section 290 et seq , may, by written request made to the City's Police
Department, which request shall be date,time and location specific, seek written authorization to
enter into a City of Redlands Park. The Police Department shall evaluate each written request to
determine whether to grant, conditionally grant, or deny the request Reasons that may justify
the request include
(1) Accompanying a minor for whom the registrant is a parent or legal guardian and
where the registrant is not otherwise prohibited under any condition of parole or probation,
(2) Accessing the park for the purpose of exercising the rights of free speech or
assembly,
(3) Accessing the park for purpose of lawful employment,
(4) Accessing the park for the purpose of voting in any local, state, or federal
election; or
(5) Accessing the park for the purpose of attending a religious service"
Section 2 Severability. If any section, paragraph, sentence, clause, phrase or portion of
this ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed severable and such holding shall not affect the validity of the remaining
portions hereof The City Council of the City of Redlands hereby declares that it would have
adopted this ordinance irrespective of the invalidity of any particular portion thereof and intends
that the invalid portions should be severed and the balance of this ordinance be enforced
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Section 3 The City Council hereby determines that the adoption of this ordinance is
exempt from review under the California Environmental Quality Act("CEQA")pursuant to
State CEQA Guidelines section 15061 (b)(3)because it can be seen with certainty that there is no
possibility that the adoption of this ordinance may have a significant effect on the environment
Section 4. The Mayor shall sign this ordinance and the City Clerk shall certify to the
adoption of this ordinance and shall cause it,or a summary of it,to be published once in the
Redlands Daily Facts, a newspaper of general circulation within the City, and thereafter, this
ordinance shall take effect as provided by law
t"A- A a
Pete Aguilar,Mayor
ATTEST
Sam Irwin, Ci C rk
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I, Sam Irwin, City Clerk, City of Redlands, hereby certify that the foregoing Ordinance was duly
adopted by the City Council at the regular meeting thereof, held on the 20th day of December
2011,by the following vote-
AYES Councibnernbers Harrison,Bean, Foster, Gardner; Mayor Agwlar
NOES None
ABSENT None
ABSTAIN None
City Clerk
CERTIFICATION
1,Sam Irwin,City Clerk of the City of Redlands,
California,do hereby certify that this is a true and
correct copy of Ordinance No. Z 7G{,
which has bee blished,or a summary thereof,
in the I e per pursuant to law
City C erk,Ci lands,California
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