HomeMy WebLinkAboutOrdinances_2806_CCv0001.pdf ORDINANCE NO. 2806
AN ORDINANCE OF THE CITY OF REDLANDS REPEALING C14APTER 9.14 OF
THE REDLANDS MUNICIPAL CODE RELATING TO CITY PARKS AND CHILD
SAFETY ZONES
WHEREAS, on December 20, 2011, the City Council of the City of Redlands
adopted Ordinance No. 2766 to add Chapter 9.14 (City Parks and Child Safety Zones) to
the Redlands Municipal Code to prohibit registered sex offenders, pursuant to Section
290 of the California Penal Code, from entering certain designated City parks;and
WHEREAS, on January 10, 2014, the Fourth Agellate District of the California
Court of Appeal, in People v. Nguyen, 222 Cal. App. 4 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, Chapter 9.14 of the Redlands Municipal Code, which prohibits
registered sex offenders from entering parks within the City of Redlands without
permission from the City's Police Department, is now most likely preempted by state
law;
THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS
FOLLOWS:
Section 1. Chapter 9.14 of the Redlands Municipal Code, entitled"City Parks and
Child Safety Zones,"is hereby deleted in its entirety.
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 Redlands 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. The Mayor shall sign this ordinance and the City Clerk shall certify to
the adoption of this ordinance and 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 in accordance with law.
I
F,cc1erk1,OrdinanceixNos 2800-2899 in Word42806 Repealing Ordinance 2766.doc
A
Pete Aguilar, Mayor
ATTEST:
A
Sam Irw—in, derk
1, Sam Irwin, City Clerk of the City of Redlands, hereby certify that the foregoing
ordinance was duly adopted by the City Council at a regular meeting thereof held on the
I st day of April,2014 by the following vote:
AYES: Councilmembers Harrison, Foster, Gardner; Mayor Aguilar
NOES: Councilmember Gilbreath
ABSTAIN: None
ABSENT: None
4
Sam Irwin, City e!ferk
l:Ncclerk\Ordinances\Nos 2800-2899 in Word\22806 Repealing Ordinance 2766.doe