El Monte Municipal Code Ch. 9.52 Proximity of Registered Sex Offenders to Children's Facilities

Footnotes:

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Editor's note— Ord. No. 2848, § 2, adopted Jan. 27, 2015, amended Ch. 9.52 in its entirety, in effect repealing and reenacting said chapter to read as set out herein. The former Ch. 9.52, §§ 9.52.010—9.52.040, pertained to similar subject matter and derived from Ord. No. 2680, § 1(part), 2006, and Ord. No. 2752, § 1, adopted March 23, 2010.

(a) "Child safety zone" means any park or recreation facility where children attend or normally congregate.

(b) "Child" or "children" means any person(s) younger than eighteen (18) years of age.

(c) "Park or recreation facility" shall have the same meaning ascribed by El Monte Municipal Code Section 12.48.020.

(d) "Loitering" shall mean and refer to the acts as defined in Subdivision (d) of California Penal Code Section 653b.

(e) "Registered sex offender" means any person who is required to register under Section 290 of the California Penal Code, regardless of whether or not that person is on parole or probation. For purposes of this chapter, "registered sex offender" includes those person(s) who have failed to register pursuant to Section 290 of the California Penal Code.

(Ord. No. 2848, § 2, 1-27-2015)

Any registered sex offender is prohibited from loitering in a child safety zone.

(Ord. No. 2848, § 2, 1-27-2015)

Any person who violates this chapter is guilty of a misdemeanor. Each offense shall be punished by a fine not less than twenty-five dollars ($25.00) or more than one thousand dollars ($1,000.00) or by imprisonment in the county jail for a term not exceeding six (6) months or by both such fine and imprisonment. A person is guilty of a separate offense for each and every day during which a violation occurs. In addition, the city may enforce the violation by means of a civil enforcement process through a restraining order, or a preliminary or permanent injunction, or by any other means available by law.

(Ord. No. 2848, § 2, 1-27-2015)