City of Long Beach - File #: 16-0538

• File #: 16-0538
• Version: 2
• Name: CA-ORD/amending and restating Chapter 9.66
• Type: Ordinance
• Status: Adopted
• File created: 6/6/2016
• In control: City Council
• On agenda: 6/14/2016
• Final action: 6/21/2016
• Title: 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)
• Sponsors: City Attorney

Date	Ver.	Action By	Action	Result
6/21/2016	2	City Council	approve recommendation and adopt	Pass
6/14/2016	1	City Council	declare ordinance read the first time and laid over to the next regular meeting of the City Council for final reading	Pass

TITLE
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
Pursuant to your request on April 5, 2016, this Ordinance amending and restating in its entirety Chapter 9.66 of the Long Beach Municipal Code ("LBMC"), "Sex Offender Residency Restrictions," has been prepared and is submitted for your consideration.

California Sex Offender Regulations:

In 1996, the federal government adopted Megan's Law, creating a nationwide sex offender registry. The California legislature soon followed and adopted various regulations related to registrants. One such regulation provides that a parolee sex offender may not, during the duration of parole, reside in a single family dwelling with any other registrant not legally related by blood, marriage, or adoption.

"Jessica's Law," enacted by California voters in 2006, additionally prohibits registered sex offenders from residing within 2,000 feet of a public or private school or a park where children regularly gather.

Jessica's Law also authorizes cities to adopt ordinances further restricting the residency of registered sex offenders. Many California municipalities, including the City of Long Beach, enacted local ordinances further restricting sex offender registrants' residency and other activities of registrants within their jurisdictions.

The constitutionality of state and local laws regulating sex offender residency has been challenged in both state and federal courts. As a result of these lawsuits, several municipalities have amended or repealed their sex offender residency regulations. The City of Long Beach is currently involved in a lawsuit which challenges the constitutionality of LBMC Chapter 9.66 in its entirety.

California Supreme Court Decision Regarding Blanket Application of Sex Offender 2,000 ft. Residency Restriction:

In 2015,...