Kern County Municipal Code Ch. 9.38 Regulation of Registered Sex Offenders in Child Day Care Facilities

Subdivision (c) of section 3003.5 of the Penal Code authorizes the County of Kern to place residential restrictions on persons required to register as sex offenders under section 290 of the Penal Code. The provisions of the California Constitution otherwise authorize the County of Kern to make such other laws as are necessary to regulate the conduct of persons required to register as sex offenders under section 290 of the Penal Code in order to protect the health, safety and welfare of its residents. This ordinance is herby declared to be and to operate as a prohibition against all persons required to register as a sex offender under section 290 of the Penal Code effective on the date of enactment.

(Ord. G-7703 § 2 (part), 2008)

As used herein, the following terms shall have the following meanings:

A. "Licensed child day care facility" means a facility defined and licensed in Health and Safety Code section 1596.750 et seq. that provides nonmedical care to children under eighteen (18) years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis. Child day care facility includes day care centers, employer-sponsored child care centers, and family day care homes.

B. "Sex offender" means an individual who has served a term of imprisonment or jail time for an offense for which registration is required pursuant to Section 290 of the Penal Code.

(Ord. G-7703 § 2 (part), 2008)

A. Sex offenders, including both adult and juvenile, shall not reside, visit or be in or upon the premises of any licensed child day care facility or reside within two thousand (2,000) feet of such premises, unless the sex offender is a parent or guardian of a child under the age of eighteen (18) for which the offender is legally responsible and the child is present with the offender. The two thousand (2,000) foot residence prohibition shall not apply to a sex offender who is registered as residing at an address within two thousand (2,000) feet of a licensed day care facility on the effective date of this ordinance, to be measured from the nearest respective property lines of the sex offender's residence and the licensed day care facility. For purposes of this section only, in those cases where any property line to be measured is within or adjacent to a roadway right of way or easement for roadway purposes, the property line shall be extended to the centerline of the roadway or easement.

B. For purposes of implementing the residence restrictions in subdivision (b) of section 3003.5 of the Penal Code in the unincorporated area of the County of Kern, the distance between the residence of a sex offender and any public or private school, or park where children regularly gather shall be measured from the nearest respective property lines of the sex offender's residence and any public or private school, or park where children regularly gather. For purposes of this section only, in those cases where any property line to be measured is within or adjacent to a roadway right of way or easement for roadway purposes, the property line shall be extended to the centerline of the roadway or easement.

(Ord. G-7725 § 2, 2008: Ord. G-7703 § 2 (part), 2008)

Any violation of this chapter shall be a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000) or by imprisonment in the county jail for a period of not more than six (6) months or by both such fine and imprisonment.

(Ord. G-7703 § 2 (part), 2008)

If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this chapter or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter or any part thereof. The board of supervisors hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one (1) or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective.

(Ord. G-7703 § 2 (part), 2008)

This chapter is hereby declared to be an urgency measure necessary for the immediate preservation of the public safety, health and welfare, and shall take effect immediately, pursuant to the provisions of Government Code section 25213, upon the basis of the following facts: sex offenders are known to a large extent to be repeat offenders and provide a special threat to the children of Kern County, and the county is informed that up to thirty-five (35) sex offenders may be residing or listing their address at such licensed facilities or group homes.

(Ord. G-7703 § 2 (part), 2008)