San Bernardino Municipal Code Ch. 9.97 Regulation of Registered Sex Offenders

Section

Editor’s note:

Ord. MC-1415, passed 7-20-2015 added “Chapter 9.97 Psychoactive Bath Salts, Psychoactive Herbal Incense and Other Synthetic Drugs” in such a way that might have supplanted “Chapter 9.97 Regulation of Registered Sex Offenders,” which was not the intention of the Mayor and City Council. On advice from the City Attorney, Chapter 9.97 remains “Regulation of Registered Sex Offenders” and “Psychoactive Bath Salts, Psychoactive Herbal Incense and Other Synthetic Drugs” has been moved to Chapter 9.98. This non-substantive change of chapter number is the only change from Ord. MC-1415.

(A) The Mayor and City Council desire to impose safety precautions in furtherance of the compelling interest of protecting children from registered sex offenders by restricting registered sex offenders’ access to locations where children regularly gather. The Mayor and City Council find that registered sex offenders pose a clear threat to the children residing in or visiting the community. It is the intent of the restrictions in this chapter to reduce the threat that registered sex offenders pose to these children by limiting the ability of registered sex offenders to be in contact with these children on Halloween, the evening of October 31.

(B) Currently, state law does not address the areas that registered sex offenders can frequent, focusing only on where registered sex offenders can reside. This chapter is not intended to conflict with, but to supplement, state law by imposing additional restrictions on the locations where registered sex offenders may reside, imposing restrictions on the locations where registered sex offenders may frequent and imposing reasonable time, place and manner restrictions on registered sex offenders’ contact with children.

(Ord. MC-1380, passed 10-17-2012)

For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

REGISTERED SEX OFFENDER. Any person who has been convicted of an offense against a child and is required to register as a sex offender, pursuant to the Cal. Penal Code, §§ 290 et seq.

(Ord. MC-1380, passed 10-17-2012)

Any registered sex offender on October 31 of each year shall:

(A) Leave all exterior residential, decorative and ornamental lighting at his or her residence off between 5:00 p.m. and 11:59 p.m.;

(B) Not decorate or maintain any Halloween decorations on the exterior or any interior portion of his or her residence that is visible to the public; and

(C) Be prohibited from answering the door of his or her residence to children who are engaging in the practice of asking for treats on Halloween, commonly called “trick-or-treating.”

(Ord. MC-1380, passed 10-17-2012)