309 _ ORDINANCE NO. 309
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, FINDING THAT THIS ORDINANCE IS
EXEMPT FROM . REVIEW UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT AND REPEALING.CHAPTER 9.32
(REGULATION OF REGISTERED SEX OFFENDERS) OF TITLE 9
(PUBLIC PEACE, . MORALS AND WELFARE), RELATING TO SEX
OFFENDERS
WHEREAS, on August 28, 2007, the City Council of the City of Grand Terrace
adopted .Ordinance No. 229, adding Chapter 9.32 (Regulation of Registered Sex
Offenders) to Title 9 (Public Peace, Morals and Welfare), which prohibited sex offenders
registered pursuant to Section 290 of the California Penal Code based on convictions of
crimes against children, imposing certain restrictions on sex offenders; 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, on March 2, 2015, the California Supreme Court in In re Taylor, 60
Cal. 4th 1019 (2015).held that blanket enforcement of residency restrictions under Pen.
Code, § 3003.5(b) hampers efforts to supervise and rehabilitate sex offenders in the
interests of public safety, such enforcement was arbitrary and oppressive, violating due
process under the Fourteenth Amendment of the U-.S. Constitution, as such
enforcement caused many registered sex offenders on parole in San Diego County to
be homeless, and that such blanket restrictions bear no rational relationship to
advancing the state's legitimate goal of protecting children from sexual predators; and
WHEREAS, Section. 9.32.020 of the Grand Terrace Municipal Code prohibits
registered sex offenders from entering or being within 300 feet of a school or a park
where children are present, and this provision is most likely preempted by state law; and
WHEREAS, Section 9.32.020 of the Grand Terrace Municipal Code further
prohibits registered sex offenders from residing within 2640 feet of a school, or within
2000 feet of a park or a day care center, and these provisions are most likely
inapplicable on a blanket basis; and
WHEREAS, the City of Grand Terrace, pursuant to the provisions of the California
Environmental Quality Act ("CEQA") (California Public Resources Code Sections 21000
et seq.) and State CEQA guidelines (Sections 15000 et seq.) has determined that the
Ordinance is exempt pursuant to Section 15061(b)(3) of Title 14 the California Code of
Regulations because there is no possibility that this Ordinance may have a significant
effect on the environment; and
Ordinance No. 309 Page 1 of 2 September 12, 2017
WHEREAS, on August 22, 2017, the City Council re-introduced the herein
ordinance for first reading.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council finds that all the aforementioned facts, findings,
and conclusions set forth in this Ordinance'are correct.
SECTION 1. Chapter'9.32 (Regulation of Registered Sex Offenders) of Title 9
(Public Peace, Morals and Welfare) is hereby repealed in its entirety.
SECTION 2. The City Clerk shall certify to the adoption of this Ordinance and
cause it, or a summary of it, to be published in a newspaper of general circulation
printed and published within the City of Upland, pursuant to all legal requirements.
PASSED, APPROVED AND ADOPTED by the City Council of t h e C i t y
o f Grand Terrace at a regular meeting held on the 12th day of September, 2017.
Darc MAabo
IVlay�r
ATTEST:
Debra Thomas
City Clerk-.
Approved as to for
Richard L. Adams, II
City Attorney
Ordinance No. 309 Page 2 of 2 September 12, 2017
r-
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )
CITY OF GRAND TERRACE )
I Debra L. Thomas, City Clerk of the CITY OF GRAND TERRACE, CALIFORNIA,
DO HERBY CERTIFY that the foregoing Ordinance, being Ordinance No. 309 was duly
passed, approved and adopted by the City Council, approved and signed by the Mayor,
and attested by the City Clerk, .at the regular meeting of said City Council held on the
12th day of September, 2017, and that the same was passed and adopted by the.
following vote:
AYES: Council Member Reinarz; Mayor Pro Tern Robles; Mayor McNaboe
NOES: Council Members Wilson, Hussey
ABSENT: None.
ABSTAIN: None.
Executed this 13th day of September, 2017, at Grand Terrace, California.
Debra L. Thomas, City Clerk -
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