ORDINANCE NO. 2517
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF WESTMINSTER TO REPEAL CHAPTER
9. 71 ( PROHIBITING SEX OFFENDERS FROM ENTERING
CITY PARKS WITHOUT WRITTEN PERMISSION FROM
THE WESTMINSTER POLICE DEPARTMENT) OF TITLE 9
PUBLIC PEACE, MORALS AND WELFARE) OF THE
WESTMINSTER MUNICIPAL CODE, RELATING TO THE
SEX OFFENDERS
WHEREAS, on June 8, 2011, the Mayor and the City Council of the City of
Westminster adopted Ordinance No. 2476, adding Chapter 9. 71 ( Prohibiting Sex
Offenders From Entering City Parks Without Written Permission From The Westminster
Police Department) to Title 9 ( Public Peace, Morals and Welfare), which prohibited all
sex offenders, registered pursuant to Section 290 of the California Penal Code, from
entering City parks without written permission from the Westminster Police Department;
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), review denied,
People v. Nquven, 2014 Cal. LEXIS 3030,' 1 ( April 23, 2014), Supreme Court Case No.
S216533, 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.
NOW, THEREFORE, the Mayor and City Council of the City of Westminster
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 9. 71 ( Prohibiting Sex Offenders From Entering City Parks
Without Written Permission From The Westminster Police Department) of Title 9 ( Public
Peace, Morals and Welfare) is hereby repealed in its entirety.
SECTION 2. The City Clerk shall certify to the passage and adoption of this
ordinance and shall cause the same to be published in the manner required by law.
This ordinance shall become effective thirty ( 30) days from and after its passage.
Approved for introduction at a regular meeting on the 24th day of September,
2014 by the following vote:
AYES:
COUNCIL MEMBERS:
TA, RICE, CAREY
NOES:
COUNCIL MEMBERS:
CONTRERAS
ABSTAIN:
COUNICL MEMBERS:
NONE
ABSENT:
COUNCIL MEMBERS:
QUACH
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PASSED, APPROVED AND ADOPTED this 8`h day of October, 2014 by the
following vote:
AYES:
COUNCIL MEMBERS:
TA, RICE, CAREY, CONTRERAS,
QUACH
NOES:
COUNCIL MEMBERS:
NONE
ABSTAIN:
COUNCIL MEMBERS:
NONE
ABSENT:
COUNCIL MEMBERS:
NONE
TRI TA. MAYOR
ATTEST:
APPROVED AS TO FORM:
ICHARD
JONES, CITY ATTORNEY
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
ss.
CITY OF WESTMINSTER )
I, ROBIN L. ROBERTS, hereby certify that I am the duly appointed City Clerk of
the City of Westminster and that the foregoing ordinance was introduced on the 24th day
of September, 2014, and was adopted at regular meeting thereof on the 8th day of
October, 2014, and was published /posted pursuant to law.
Robin L. Roberts,
MC
City Clerk
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