Ordinance No. 1142179
ORDINANCE NO. 1142
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, AMENDING PORTIONS OF CHAPTER 17 -74 OF THE
CYPRESS MUNICIPAL CODE
WHEREAS, on November 7, 2006, the voters of the State of California
overwhelmingly approved Proposition 83, the "Sexual Predator Punishment and Control
Act," commonly known as "Jessica's Law," so as to better protect Californians, and, in
particular, to protect the State's children from sex offenders; and
WHEREAS, Proposition 83, as codified at California Penal Code § 3003.5(b),
prohibits any person who is required to register as a sex offender per California Penal
Code section 290 et seq. (hereinafter referred to as a "registered sex offender ") from
residing within two thousand (2,000) feet of any public or private school, or any park
where children regularly gather; and
WHEREAS, California Penal Code § 3003.5(a), enacted in 1998 prior to
Proposition 83, prohibits a sex offender who is on parole from residing in a "single -
family dwelling" with another sex offender during his /her parole period, unless the
multiple sex offenders are legally related by blood, marriage, or adoption. For purposes
of this state statute, "single- family dwelling" does not include a residential facility such
as a group home that serves six (6) or fewer persons; and
WHEREAS, Proposition 83, as codified at California Penal Code § 3003.5(c),
authorizes local governments to enact ordinances that further restrict the residency of
sex offenders; and
WHEREAS, California Government Code § 38773.5 authorizes the City to enact
and enforce within its limits ordinances that provide for the recovery of attorneys' fees in
any action, administrative proceeding or special proceeding to abate a nuisance; and
WHEREAS, the City Council deems it appropriate to the public health, safety,
and general welfare to strengthen and fine tune the existing ordinance as follows.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The Cypress Municipal Code Chapter 17 -74.1, Legislative Findings;
Purpose, is hereby amended as follows (deleted text, if any, is show in ;
new text, if any, is show in bold & italics):
"11. The City Council is further concerned with the high recidivism rate
exhibited by sex offenders, which exceeds that exhibited by other
convicted criminals, and with their dangerousness as a class. The City
Council is aware of studies which demonstrate that, when measured
over a period of more than five years, recidivism rates among
registered sex offenders as a class are high. This danger presented by
sex offenders is an unacceptable risk to the health, safety and welfare of
the community that requires the City's regulatory intervention.
Section 2. The Cypress Municipal Code Chapter 17 -74.2, Definitions, is
hereby amended as follows (deleted text, if any, is show in strikethrough; new text, if
any, is show in bold & italics):
five hundred (500) feet from the nearest property line of a school, child
care center, park, commercial establishment that provides a child's
"Child care center" shall mean any State of California, Department of
Social Services licensed facility that provides non - medical care on a Tess
than twenty -four (24) hour basis to children in need of personal services,
supervision or assistance essential for sustaining the activities of daily
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living or for the protection of the individual, including, but not limited to, a
infant center, preschool, extended -day care facility,
or school -age child care center but not including a family day care
home located in a residential zone.
"Loiter" shall mean to de ay, Zinger, -e; „e, to commit any act as
defined in California Penal Code §§ 653b(d) in or about a child safety
zone with the intent to commit a rcgistcrablc offence a school or park.
"Registered sex offender" shall mean any person who has committed
a "registerable offense" and is required by law to register with a
governmental entity as a sex offender for an offense against or involving a
child or children, including, but not limited to, the California Sex Offender
Registration Act, Penal Code §§ 290, et seq., regardless of whether or not
Section 3. The Cypress Municipal Code Chapter 17- 74.3.04, Residency
Restrictions; Exceptions, is hereby amended as follows (deleted text, if any, is show in
new text, if any, is show in bold & italics):
(b) A registered sex offender's otherwise lawful tenancy or other
occupancy of that commenced prior to the initial operation of a child care
center, public or private school, or park, that would otherwise create a
residential exclusion zone prohibiting said tenancy or occupancy.
Section 4. The Cypress Municipal Code Chapter 17- 74.4.02, Proximity
Restrictions, is hereby amended as follows (deleted text, if any, is show in strikethreugh;
new text, if any, is show in bold & italics):
(a) Any registered sex offender is prohibited from being located
within 500 (five hundred) feet of any school or child care center unless the
registered sex offender is a parent or guardian of a child for whom the
individual is legally responsible and the child attends the school or is a
student at the school. Presence at the school or clay child care center is
permitted only for the limited time and purpose of picking up or dropping
off the child, or to attend special events, and with the written permission of
the school administrator who is responsible for child safety.
(b) Any registered sex offender is prohibited from being located in
or within 500 (five hundred) feet of a park, unless the registered sex
offender is a parent or guardian of a child for whom the individual is legally
responsible and the child is present at the park.
Section 5. The Cypress Municipal Code Chapter 17- 74.4.03, Loitering, is
hereby amended as follows (deleted text, if any, is show in ; new text, if
any, is show in bold & italics):
A registered sex offender shall be prohibited from loitering in a child safety
zene -as that term is defined in Section 17.74.2 above.
Section 6. The Cypress Municipal Code Chapter 17 -74.5, Measure of
Distance, is hereby amended as follows (deleted text, if any, is show in ;
new text, if any, is show in bold & italics):
The five hundred (500) foot buffer zone and the two thousand (2000) foot
buffer zone shall be a measured in a straight line, in all directions,
without regard to intervening structures, from any property line of any
school, child care center or park.
Section 7. If any section, subsection, sentence, clause, phrase, or portion of
this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of
any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council of the City of Cypress hereby
declares that it would have adopted this Ordinance and each section, subsection,
sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or
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more sections, subsections, sentences, clauses, phrases, or portions thereof may be
declared invalid or unconstitutional.
Section 8. This Ordinance shall be in full force and effect thirty (30) days after
its adoption following second reading.
Section 9. The City clerk shall certify to the passage and adoption of this
Ordinance by the City Council of the City of Cypress and shall cause a summary of this
Ordinance to be published in accordance with Government Code § 36933.
FIRST READING at a regular meeting of the City Council of said City held on the
9th day of December, 2013, and finally adopted and order posted at a regular meeting held
on the 13th day of January, 2014.
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA
COUNTY OF ORANGE
SS
MAY
THE CIT OF CYPRESS
I, DENISE BASHAM, City Clerk of the City of Cypress, DO HEREBY CERTIFY that
the foregoing Ordinance was duly adopted at a regular meeting of said City Council held
on the 13th day of January, 2014, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bailey, Narain, Yarc, Johnson and Mills
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
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CITY CLERK OF THE CITY OF CYPRESS