In a vote of 4 to 1, the Hesperia City Council approved significant modifications to its sex offender ordinance by reducing both presence and residency restrictions. Specifically, the Council voted to end provisions that prohibited registered citizens from loitering within 500 feet of public places and replaced them with restrictions from being present at schools or public places where children gather. The Council also voted to reduce residency restrictions from 4,000 to 2,000 feet from schools and parks. The new law, when in effect, will be consistent with current state law.
The City of Hesperia was sued in federal court in July after the City Council failed to modify its sex offender ordinance despite recommendations from both the City Manager and City Attorney as well as warning letters from California RSOL. Both City staff and the non-profit advised the City of Hesperia of recent state appellate court decisions that determined that city ordinances which restricted the presence of registered citizens are preempted by state law.
In order for the modifications to become effective, the Hesperia City Council must approve them in the next council meeting to be held on August 19. In addition, there will be a subsequent 30-day waiting period before the modifications would take effect.
Hesperia council amends sex-offender code (Victorville Daily Press)