The City of Los Alamitos enacted tonight a law to create child safety zones to protect children from registered sex offenders in city parks and playgrounds after a first reading of the ordinance.
Los Alamitos City Council voted unanimously to pass the ordinance adopted today, Oct. 17, 2011. The Ordinance will officially become law 30 days after the second reading, scheduled Nov. 7, 2011. The City Council includes Mayor Kenneth Stephens, Mayor pro tem Troy D. Edgar, and Council Members Gerri Graham-Mejia, Warren Kusumoto, and Marilynn M. Poe.
Orange County District Attorney’s Office Chief of Staff Susan Kang Schroeder was present at the City Council meeting to address public concerns and advocate for the passage of the ordinance.
“Although Los Alamitos has five persons who appear in the Megan’s Law website, they are surrounded by dangerous sex offenders who could enter their parks, including more than 766 sex offenders registered in Long Beach,” stated District Attorney Tony Rackauckas. “The citizens of Los Alamitos should thank their city council for working to protect their children from violent sex offenders who may be lurking in their parks.”
At the City Council meeting tonight, Mayor Stephens explained, “I know this will benefit our citizens.”
“I have been watching this Ordinance across the County and wanted to bring it to our city,” said Mayor pro tem Edgar.
“We should do anything we can do to protect children and if this is one added layer, I am for it,” explained Councilwoman Poe.
“These people find their way in,” stated Councilwoman Graham-Mejia. “This is to protect our community.”
California Penal Code sections 290, et seq. require individuals convicted of certain crimes to register as sex offenders. The registration process is used to ensure that such offenders shall be readily available for police surveillance at all times because such offenders are deemed likely to commit similar offenses in the future.
The Los Alamitos City Ordinance was modeled after the County Ordinance, which was passed unanimously by the Orange County Board of Supervisors April 5, 2011, and took effect May 5, 2011, to create a child safety zone to further protect children from registered sex offenders in County parks and harbors. The Ordinance was developed and proposed by Orange County District Attorney Tony Rackauckas and Supervisor Shawn Nelson (Fourth District) and makes it a misdemeanor, punishable by up to six months in jail and/or a $500 fine, for registered sex offenders to enter County recreational areas where children regularly gather without permission from the Orange County Sheriff’s Department (OCSD), who enforce the Ordinance.
After enacting the County Ordinance, District Attorney Rackauckas, Chairman of the Board Bill Campbell, and County Supervisors Nelson, Patricia Bates, and Janet Nguyen sent letters to each Orange County city encouraging them to consider a similar ordinance for their city parks. The Cities of Westminster and La Habra have enacted a City Ordinance. The City of Irvine enacted a City Ordinance with a partial ban of sex offenders at city parks on June 14, 2011. Several other Orange County cities are considering ordinances at this time.
To read the full County Ordinance, please visit www.orangecountyda.com and select the April 5, 2011, press release entitled “Orange County Board of Supervisors Unanimously Votes to Adopt New Law to Keep Registered Sex Offenders Out of Parks, Harbors, Beaches and Playgrounds,” under Press Releases/Media Advisories.
The Los Alamitos City Ordinance is as follows:
ORDINANCE NO. 11-09
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS, ORANGE COUNTY, CALIFORNIA, ADDING CHAPTER 9.14 TO TITLE 9 OF THE LOS ALAMITOS MUNICIPAL CODE “ESTABLISHING CITY PARKS AS CHILD SAFETY ZONES” WHERE REGISTERED SEX OFFENDERS ARE PROHIBITED FROM ENTERING WITHOUT WRITTEN PERMISSION
WHEREAS, on April 5, 2011, the Orange County Board of Supervisors unanimously adopted a new Ordinance to create a child safety zone to further protect children from registered sex offenders; and
WHEREAS, the April 5, 2011 County of Orange Ordinance prohibits registered sex offenders from entering County parks without written permission from the Orange County Sheriff’s Department, but does not apply to any City parks that are located in Orange County; and
WHEREAS, the City of Los Alamitos finds that it is appropriate and necessary to extend this prohibition to City of Los Alamitos parks to establish Child Safety Zones in the City of Los Alamitos to further protect children from sexual predators in areas where children frequent;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 9.14 of Title 9 of the Los Alamitos Municipal Code is hereby added as follows:
Chapter 9.14 ESTABLISHING CITY PARKS AS CHILD SAFETY ZONES AND PROHIBITING SEX OFFENDERS FROM ENTERING CITY PARKS WITHOUT WRITTEN PERMISSION FROM THE LOS ALAMITOS POLICE DEPARTMENT
Sections:
9.14.010: Purpose and Intent
9.14.020: Definitions
9.14.030: Prohibitions
9.14.040: Penalties for Violations
9.14.050: Other prosecution authorized
9.14.060: Severability
9.14.010: Purpose and Intent
It is the purpose and intent of this ordinance to protect children from registered sex offenders by restricting sex offenders’ access to locations where children regularly gather. It is intended 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 ordinance to provide additional restrictions beyond those provided for in state law by restricting sex offenders from certain locations, and by allowing for criminal penalties for violations of this ordinance. It is not the intent of this ordinance to allow conduct otherwise prohibited by state law, or to contradict state law. City of Los Alamitos parks are recognized by the Los Alamitos City Council as locations where children regularly gather.
9.14.020: Definitions
City of Los Alamitos Parks. For purpose of this ordinance, a City of Los Alamitos park is defined as any City-owned, leased, operated or maintained land before or after the effective dates of this ordinance by the City of Los Alamitos as a recreation area, including, but not limited to Labourdette Park, Laurel Park, Little Cottonwood Park, Orville Lewis Jr. Park, Roberts Park, Soroptimist Park, Stansbury Park, and Sterns Park.
9.14.030: Prohibitions
Any person required to register pursuant to California Penal Code sections 290, et seq. who enters into or upon any City of Los Alamitos park where children regularly gather, without written permission from the Los Alamitos Police Department 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 ordinance.
9.14.040: Penalties for violation.
Punishment for a violation of this section shall be as follows:
(1) 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), or by both imprisonment and a fine.
(2) Upon a second conviction, by imprisonment in a county jail for a period of not less than ten (10) days and not more than six months, or by both imprisonment and a fine not exceeding five hundred dollars ($500). 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 (10) days.
(3) Upon a third or subsequent conviction, by imprisonment in a county jail for 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). 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.
9.14.050: Other prosecution authorized.
Nothing in this ordinance shall preclude or prohibit prosecution under any other provision of law.
9.14.060: Severability.
If any section, paragraph, sentence, clause, phrase or portion of this ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed severable and such holding shall not affect the validity of the remaining portions hereof. The City Council of the City of Los Alamitos hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the ordinance be enforced.
SECTION 2. The City Clerk shall certify to the passage and adoption of this ordinance and 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.
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What a colossal waste of time. Under the guise of “protecting the children” virtually any law can be passed, I suppose, without serious scrutiny.
This will do absolutely nothing to protect even one resident of Los Alamitos.
The further down this road cities, counties and our state go, the more likely it is that a court will one day strike down all sex offender registry laws as being overbroad.
Numerous studies have indicated that laws like this, further isolating the most ostracized group in society (like it or not, sex offenders are a part of our society), actually lead to MORE recidivism or re-offense. Laws like this harm children and residents, not protect them. Even basic research on sex offender registry laws will reveal this.
Our parks were safe yesterday, they will be safe today, but not because of this law. This law has more of a chance of harming a child than doing nothing–frequently the dilemma posed to government. The best representatives are those that know when not to act.
Interesting comment, but we cannot do much without some details. If you send us a reference to the studies, we will get a response from the DA’s office. We must have some solid facts to work with.
Thanks.
Hi there, I’m happy to supply some facts and studies. All studies point to a slight decrease in recidivism (or re-offense) when a state requires registration, but whenever the law goes further, either to restrict a sex offender’s movement (like the Los Al. ordinance does), to require community notification, or to publicize the registry information, the recidivism rate goes up, and the law fails utterly to keep communities safe.
Here’s a great overview of our laws by the Economist: http://www.economist.com/node/14165460
A study was just published in September by a University of Chicago Law School student, I cannot find a digital copy other than the one available here for download: https://sites.google.com/site/courtdecisionsfedst/home/court-decisions/Agan-Fear-Function-2008.pdf?attredirects=0&d=1
Michigan’s law fails to protect citizens: http://detroit.cbslocal.com/2011/10/10/study-casts-doubt-on-sex-offender-notification-laws/
The Columbia University and Univ. of Michigan study referenced in the article: http://www0.gsb.columbia.edu/faculty/jrockoff/papers/Prescott%20and%20Rockoff%20jle.pdf
New Jersey’s sex offender registry scheme fails to reduce recidivism:
http://www.nj.com/news/index.ssf/2009/02/study_finds_megans_law_fails_t_1.html and the study referenced in the article: https://www.ncjrs.gov/pdffiles1/nij/grants/225370.pdf
Sex Offender location restrictions (on movement and residency) lead to triggers that cause recidivism: http://www.innovations.harvard.edu/cache/documents/1053/105331.pdf
Overview of sex offender restrictions and their policy implications: http://www.library.ca.gov/crb/06/08/06-008.pdf. “According to John Gruber, executive director of the Association for the Treatment of Sexual Abusers (ATSA), the organization is generally opposed to residency restrictions: “What you’re doing is pushing people more underground, pushing them away from treatment and pushing them away from monitoring,” he said. “You’re really not improving the safety, but you’re giving people a false sense of safety.”
Human Rights Watch report on the effectiveness of sex offender registry and notification programs: http://www.hrw.org/sites/default/files/reports/us0907webwcover.pdf “Unfortunately, our research reveals that sex offender registration, community notification, and residency restriction laws are ill-considered, poorly crafted, and
may cause more harm than good:”
And the truly sad thing is this: I am afraid to publish my name just for fear of being associated with these opinions. Under the guise of protecting children, virtually anything goes, reason be damned. That is not what I want from my government.