Chapter 6-40
CHILD SAFETY ZONES – PROHIBITION OF REGISTERED SEX OFFENDERS FROM ENTERING PARKS Revised 1/12
Sections:
6-40.010 Purpose and intent.
6-40.020 Definitions.
6-40.030 Prohibitions.
6-40.040 Signage posting requirement.
6-40.050 Penalties for violation.
6-40.060 Other prosecution authorized.
6-40.070 Waiver criteria.
6-40.010 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. It is also the purpose and intent of this chapter 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 limited 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 parks and specified private community parks in the City of Laguna Hills are recognized by the City Council as locations where children regularly gather. (Ord. 2011-5 § 1 (part))
6-40.020 Definitions.
For purposes of this chapter, the following terms are defined as follows:
“Child,” “children” or “minor(s)” means any person(s) under eighteen (18) years of age.
“Park” means any and all City owned, operated, leased, or maintained land established before or after the effective date of the ordinance codified in this chapter for park, recreation, or open space purposes where children regularly gather, including: (1) Clarington Park; (2) Beckenham Park; (3) Stockport Park; (4) Mendocino Park; (5) Aliso Hills Park; (6) Mandeville Park; (7) Costeau Park; (8) MacKenzie Park; (9) Knotty Pine Park; (10) El Conejo Park; (11) San Remo Park; (12) Santa Vittoria Park; (13) Veeh Ranch Park; (14) Cabot Park; and (15) Laguna Hills Community Center and Sports Park Complex. Records identifying, describing, and depicting the location of these areas shall be maintained on file in the office of the City Clerk for public review and inspection.
“Park” shall also include homeowner association owned, operated, leased, or maintained common areas established before or after the effective date of the ordinance codified in this chapter for private park, recreation, or open space purposes where children regularly gather, where the homeowners’ association has provided written notice to the City requesting enforcement of this chapter, including: (1) Casa de Laguna Park; (2) Dapple Grey Park; (3) Fossil Park; (4) Gallup Park; (5) Hidden Trail Park; (6) Laguna Village Park; (7) Moulton Park; (8) Moulton Ranch Park; (9) Nellie Gail Equestrian Center; (10) Sheep Hills Park; (11) Quail Creek recreation area; (12) Bella Vista recreation area; (13) Lomas Laguna Park; (14) Sunset Place Park; and (15) Aliso Meadows recreation area. Records identifying, describing, and depicting the location of these areas shall be maintained on file in the office of the City Clerk for public review and inspection.
“Orange County Sheriff” shall mean the Orange County Sheriff or the Sheriff’s designee. (Ord. 2011-5 § 1 (part))
6-40.030 Prohibitions.
Any person required to register pursuant to California Penal Code Sections 290 et seq., who enters into or upon any park within the City where children regularly gather without written permission from the Orange County Sheriff, 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. (Ord. 2011-5 § 1 (part))
6-40.040 Signage posting requirement.
For all parks, a notice in substantially the following form shall be posted:
Any person required to register pursuant to Penal Code §290 is prohibited from entering into or upon this park without written authorization from the Orange County Sheriff’s Department. (LHMC Chapter 6-40)
(Ord. 2011-5 § 1 (part))
6-40.050 Penalties for violation.
Punishment for a violation of this chapter shall be as follows:
A. Upon a first conviction, by imprisonment in a county jail for a period of not more than six months, or by a fine not exceeding five hundred dollars ($500.00), or by both imprisonment and a fine.
B. Upon a second conviction, by imprisonment in a county jail for a period of not less than ten days and not more than six months, or by both imprisonment and a fine not exceeding five hundred dollars ($500.00). Upon a second conviction, however, the person shall not be released on probation, parole, or any other basis until he or she has served not less than ten days.
C. Upon a third or subsequent conviction, by imprisonment in a county jail for a period of not less than ninety (90) days and not more than six months, or by both imprisonment and a fine not exceeding five hundred dollars ($500.00). Upon a third or subsequent conviction, however, the person shall not be released on probation, parole, or any other basis until he or she has served not less than ninety (90) days.
(Ord. 2011-5 § 1 (part))
6-40.060 Other prosecution authorized.
Nothing in this chapter shall preclude or prohibit prosecution under any other provision of law. This chapter shall not apply to persons already restricted from parks pursuant to California Penal Code Section 3053.8. (Ord. 2011-5 § 1 (part))
6-40.070 Waiver criteria.
Notwithstanding the foregoing, a registered sex offender may, by written request made to the Orange County Sheriff, which request shall be date, time, and location specific, seek written authorization to enter into or upon a park. The Orange County Sheriff shall evaluate each written request to determine whether to grant, conditionally grant, or deny the request. Reasons that may justify the request include:
A. Accessing the park for the purposes of exercising the rights of free speech or assembly;
B. Accessing the park for purposes of lawful employment;
C. Accessing the park for the purposes of voting in any local, state, or federal election; or
D. Accessing the park for the purposes of attending a religious service.
(Ord. 2011-5 § 1 (part))