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Recommendation to declare ordinance amending the Long Beach Municipal Code by amending and restating in its entirety Chapter 9.66 regarding Residency Restrictions for Sex Offenders, read and adopted as read. (Citywide)
DISCUSSION
The City Council approved a recommendation to amend and restate in its entirety Title 9, Chapter 9.66 to eliminate potential conflict of land uses in residential neighborhoods, to reduce potential dangers associated with multiple registered sex offenders living near families with children and places were children gather, to clarify and streamline the statutory language, and to further identify civil consequences as described below:
I. Clarification and Streamlining
A. Violations involving multi-family dwellings were consolidated, and were limited to the number of sex offenders per unit.
B. The definition of Child Day Care Facility parallels that term as defined in State law.
C. "Knowingly" was defined to identify the requisite scienter element for property owner related violations.
D. To address potential preemption with state law, the definition of Single Family Dwelling introduced an exemption for state licensed residential facilities serving six (6) or fewer persons.
II. Elimination of Loitering Restrictions and violations
Due to the fact loitering violations may be appropriately addressed via existing provisions of the Penal Code, these portions of the ordinance were eliminated.
III. Civil Remedies
Because violations of Chapter 9.66 may be addressed via criminal and/or civil sanction, civil remedies were further defined.
IV. Prospective Application
Criminal and/or civil enforcement as to registered sex offenders and responsible property owners and/or agents shall occur prospectively as of the date the amended ordinance is enacted.
TIMING CONSIDERATIONS
[Timing Considerations]
FISCAL IMPACT
This program is currently unbudgeted.
SUGGESTED ACTION
Approve recommendation.
Respectfully Submitted,
CRISTYL MEYERS
DEPUTY CITY ATTORNEY
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Respectfully submitted, |
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ROBERT E. SHANNON, City Attorney |
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BODY
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LONG BE ACH AMENDING THE LONG BEACH MUNICIPAL CODE BY AMENDING AND RESTATING IN ITS ENTIRETY CHAPTER 9.66 REGARDING RESIDENCY AND LOITERING RESTRICTIONS FOR SEX OFFENDERS