Chapter 6.130
PROTECTION OF CHILDREN FROM SEXUAL OFFENDERS

Sections:

6.130.010    Purpose and authority.

6.130.020    Findings.

6.130.030    Definitions.

6.130.040    Prohibition.

6.130.050    Violation.

6.130.060    No mandatory duty of care.

6.130.010 Purpose and authority.

The city council of the city of Rancho Cordova desires to impose safety precautions in furtherance of the compelling goal of protecting children from contact and potential sexual assault by registered sex offenders. The ordinance codified in this chapter is an urgency ordinance within the meaning of Section 36934 of the Government Code and an ordinance for the immediate preservation of the public peace, health and safety within the meaning of Section 36937(b) of the Government Code, which shall be passed immediately upon introduction, and shall take effect immediately. [Ord. 47-2006 § 1].

6.130.020 Findings.

The city council finds as follows:

A. Sex offenders pose a clear threat to the children residing or visiting in the community. Further, the city council finds that there is no cure for sex offenders; there are no guarantees that they will not reoffend, and convicted sex offenders are more likely than any other type of offender to reoffend for another sexual assault.

B. It is anticipated that Rancho Cordova will be imminently chosen as a location for the placement of numerous sexual offenders on their release from incarceration and, without an ordinance such as this, children in Rancho Cordova may unnecessarily be put at increased risk.

C. In order to reduce the potential risk of harm to children in Rancho Cordova, there is a need to limit the opportunity for sex offenders to be in contact with unsuspecting children in locations that are primarily designed for use by, or are primarily used by, children, namely: the grounds of public or private schools for children, centers or facilities that provide day care or children’s services, video arcades, teen centers, public and private playgrounds and play facilities, parks, youth sports facilities, skate parks and public swimming pools.

D. Currently, state law does not address the areas that sex offenders can frequent. Instead, state law only regulates where sex offenders can reside in relation to a limited number of specified areas. This chapter is not intended to conflict with, but to supplement, state law by imposing restrictions on the locations which sex offenders may frequent in Rancho Cordova in order to ensure the safety of children.

E. For these reasons, the city council of Rancho Cordova finds that a public emergency exists that affects the life, health and public welfare of children resident in, and visitors to, the city of Rancho Cordova and that for the immediate preservation of the public peace, health, and safety an urgency exists to require the immediate adoption of this chapter and that this chapter should take effect immediately. [Ord. 47-2006 § 1].

6.130.030 Definitions.

“Children” means those persons who are under the age of 18.

“Sex offender” means a person who has been required to register with a governmental entity as a sex offender under Section 290 of the California Penal Code. [Ord. 47-2006 § 1].

6.130.040 Prohibition.

A. A sex offender is prohibited from being on or within 300 feet of the grounds of public or private schools for children, centers or facilities that provide day care or children’s services, video arcades, teen centers, public libraries, public and private playgrounds and play facilities, parks, youth sports facilities, skate parks, public swimming pools and bus stops in the immediate vicinity of parks and schools. For purposes of this section, distances shall be measured from the edge of the parcel or contiguous parcels where the identified use is located.

B. This prohibition does not apply to a sex offender’s place of residence if regulated by state law. This prohibition does not apply to single trips by the sex offender when traveling past a location specified in this chapter while en route to another destination. This prohibition does not apply to single trips when a sex offender who is also a parent or guardian of a child accompanies his/her child or ward to or from a location specified above. [Ord. 55-2006 § 1; Ord. 47-2006 § 1].

6.130.050 Violation.

Any person violating this chapter is guilty of a misdemeanor punishable by a fine up to $1,000 or by imprisonment for up to one year, or both. A person is guilty of a separate offense for each and every day during which a violation occurs. [Ord. 47-2006 § 1].

6.130.060 No mandatory duty of care.

This chapter is not intended to and shall not be construed or given effect in a manner that imposes upon the city of Rancho Cordova or any officer or employee thereof a mandatory duty of care toward persons and property within or without the city, so as to provide a basis of civil liability for damages, except as otherwise imposed by law. [Ord. 47-2006 § 1].