Article 1 — PROHIBITION OF REGISTERED SEX OFFENDERS FROM ENTERING COUNTY PARKS

It is the purpose and intent of this article to protect children from registered sex offenders by restricting sex offenders' access to locations where children regularly gather. It is intended to reduce the risk of harm to children by impacting the ability of sex offenders to be in contact with children. It is further the intent of this article to provide additional restrictions beyond those provided for in state law by restricting sex offenders from certain limited locations, and by allowing for criminal penalties for violations of this article. It is not the intent of this article to allow conduct otherwise prohibited by state law, or to contradict state law. Orange County Parks are recognized by the County of Orange Board of Supervisors as locations where children regularly gather.

(Ord. No. 11-012, § 1, 4-5-11)

Orange County Park. For purposes of this article, an Orange County Park is defined as any county-owned, leased, operated or maintained land before or after the effective date of this article by the County of Orange held as a harbor, beach, park or recreation area, including but not limited to, Arroyo Trabuco Park, Carbon Canyon Regional Park, Clark Regional Park, Craig Regional Park, Featherly Regional Park, Irvine Regional Park, Laguna Niguel Regional Park, Mason Regional Park, Mile Square Regional Park, O'Neill Regional Park, Orange County Zoo, Peters Canyon Regional Park, Santiago Regional Park, Harriett M. Wieder Regional Park, Yorba Park, Aliso and Wood Canyons Wilderness Park, Caspers Wilderness Park, Laguna Coast Wilderness Park, Thomas F. Riley Wilderness Park, Talbert Nature Preserve, Aliso Beach Park, Capistrano Beach Park, Newport Harbor, Salt Creek Beach Park, Sunset Beach Park, Dana Point Harbor, and Sunset Harbor.

(Ord. No. 11-012, § 1, 4-5-11)

Any person required to register pursuant to California Penal Code sections 290, et seq. who enters into or upon any Orange County Park where children regularly gather without written permission from the Orange

County Sheriff or Sheriff's designee is guilty of a misdemeanor. Each entry into any such area, regardless of the time period between entries, shall constitute a separate offense under this article.

(Ord. No. 11-012, § 1, 4-5-11)

Punishment for a violation of this article shall be as follows:

(1)

Upon a first conviction, by imprisonment in a county jail for a period of not more than six (6) months, or by a fine not exceeding five hundred dollars ($500.00), or by both imprisonment and a fine.

(2)

Upon a second conviction, by imprisonment in a county jail for a period of not less than ten (10) days and not more than six (6) months, or by both imprisonment and a fine not exceeding five hundred dollars ($500.00). Upon a second conviction, however, the person shall not be released on probation, parole, or any other basis until he or she has served not less than ten (10) days.

(3)

Upon a third or subsequent conviction, by imprisonment in a county jail for a period of not less than ninety (90) days and not more than six (6) months, or by both imprisonment and a fine not exceeding five hundred dollars ($500.00). Upon a third or subsequent conviction, however, the person shall not be released on probation, parole, or any other basis until he or she has served not less than ninety (90) days.

(Ord. No. 11-012, § 1, 4-5-11)

Nothing in this article shall preclude or prohibit prosecution under any other provision of law.

(Ord. No. 11-012, § 1, 4-5-11)

If any section, paragraph, sentence, clause, phrase or portion of this article is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed severable and such holding shall not affect the validity of the remaining portions hereof. The Board of Supervisors hereby declares that it would have adopted this article irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the article be enforced.

(Ord. No. 11-012, § 1, 4-5-11)