The City of Huntington Beach has declared a moratorium on its sex offender ordinance which prohibits all registrants from visiting public parks and beaches. According to a memo from Police Chief Kenneth Small, the decision was made due to a pending legal challenge against the City. Small stated that he expects “the moratorium to remain in place until the Court of Appeal makes a decision on the pending case of People v. Godinez.” A decision in that case is expected no later than June 2013.
“This is a good decision,” stated Frank Lindsay, California RSOL board member. He noted that the decision, which is dated January 29, was made public after seven people representing California RSOL testified before the Huntington Beach City Council in opposition to the ordinance. He also noted that the City’s decision for a moratorium followed a letter request from California RSOL to repeal the City ordinance.
One domino at a time…
This just gets better and better… someone please help me understand.
Currently there is an ordinance (a municipal LAW) in the HB Municipal Code that states that no registrant may enter parks, with the penalties spelled out in plain English. Sometime the beginning of next month there will be a law in the HB Municipal Code that states that no registrant may enter a park without permission from the Chief of HB Police, with the penalties spelled out in plain English.
The Police Department is the main body of law ENFORCEMENT in the city, with the Chief of Police being the main representative.
Exactly where does it say that the Head of LAW ENFORCEMENT gets to SELECT which laws are upheld and which are not? Under the separation of powers concept the legislature MAKES the law (City Council), and the executive (Police) ENFORCES it. No questions asked. End of story.
Any insight is appreciated.
this is great and all but there is a county ordnance that over rides the city of huntington beaches ordnance.
Leaving the legal arena and entering the financial realm, if you are a tax payer who is by law prohibited from using, as intended, tax payer funded amenities, you should be entitled to a refund. Anything to the contrary is akin to “taxation without representation” (wars were started over that one).
Where does one go to calculate such refund and apply for / demand it?
Janice then is it true that for the time being we can go to Huntington Beach’s Dog Park or any other public area in HB and all County Parks, Harbors , Pathways and Beaches ?
I am just not clear on this and I am not willing to take a chance Without a definite YES from an expert.
Thanks again for all your Help, You and the Staff of RSOL have given some light at the end of a very long tunnel.
Thank so much Janice, I am just so surprised and happy at the same time. It seems like when a law is passed it is never overturned. At the risk of seeming ignorant and redundant your clarification was well received. I truly appreciate your efforts.