SD: City defines where sex offender can be

The Hankinson City Council is trying to create a safe zone for children after a high-risk sex offender took up residence a few miles outside town. Last week, the council passed the first reading of an ordinance that prohibits a registered sexual predator from living within 800 feet of a school, childcare facility, child care institution, park, playground or other places where children regularly congregate. The ordinance also states it would be an offense for a sex offender to knowingly loiter on a public way within 400 feet of a…

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CITY OF REDLANDS REPEALS SEX OFFENDER ORDINANCE

On April 1, 2014, The City of Redlands, California, repealed a 2011 ordinance prohibiting persons required to register pursuant to Penal Code section 290 from entering city parks without prior written permission by the City of Redlands Police Department. The City rescinded Chapter 9.14 of the Redlands Municipal Code in its entirety by way of 4-1 vote of its five-member city council. The ordinance was repealed as a result of a California Court of Appeals decision on January 10, 2014 in People v. Nguyen 222 Cal. App. 4th 1168 (2014).…

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Do Ex-Sex Offenders Have Civil Rights?

They are the most loathed convicts on the planet. Even other criminals hate them. Cities in recent years have targeted them with laws that limit where and when they can be certain places, particularly on Halloween, when children are out. But ex-sex offenders do have rights. At least that’s the contention of a group called California Reform Sex Offender Laws.  Full Article

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CITY OF CARSON SEX OFFENDER ORDINANCE CHALLENGED IN FEDERAL COURT

A sex offender ordinance adopted by Carson, a city located within Los Angeles County, is the subject of a lawsuit filed today in Federal district court. This is the fourth lawsuit to be filed in four weeks challenging a city’s sex offender ordinance that includes restrictions regarding where more than 105,000 individuals can be present. Specifically, the Carson ordinance prohibits registered citizens from being present in or within 300 feet of a wide range of locations including schools, parks, library, swimming pools, and bus stops. A registered citizen who violates…

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Sex offender wants parks proximity (National City)

A registered sex offender in San Luis Obispo County is suing cities across the state, claiming he has every right to go near schools and parks — and National City has become his latest target. ____ ____, 61, of Grover Beach, was convicted in 1979 of lewd and lascivious acts with a child under 14. His attorney, Janice Bellucci, says he has relatives in National City and wants to visit. She sued the city in federal court last week over its ban on sex offenders being within 300 feet of a…

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NATIONAL CITY ORDINANCE CHALLENGED IN FEDERAL COURT

A sex offender ordinance adopted by National City, a city in San Diego County, is the subject of a lawsuit filed on April 4 in federal district court on behalf of a registered sex offender (“registered citizen”). This is the third lawsuit challenging a city’s presence restrictions. The first lawsuit was filed on March 24 against the City of Pomona and the second lawsuit on March 31 against the City of South Lake Tahoe. The National City ordinance includes restrictions regarding where more than 105,000 individuals can reside or be…

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Suits challenge sex offender laws

Lawyer and her reform group were prompted by recent appellate court ruling A civil rights lawyer aiming to reform sex offender laws has started suing municipalities across California to force the removal of ordinances that bar sex offenders from many public facilities, including parks, swimming pools and bus stops.Janice Bellucci, who practices in Santa Maria and is president of the group California Reform Sex Offender Laws, said the ordinances violate the state and federal constitutions. On Friday, Bellucci sued Pomona in the Central District federal court in Los Angeles, and…

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TX: Sex-offenders not allowed in San Antonio city parks anymore

SAN ANTONIO — The new San Antonio law that bans people who have been convicted of sex offenses from enjoying city-owned facilities went into effect Saturday.  The law prohibits sex-offenders from entering any land operated, or managed, by the city, including: parks, trails and natural areas. Cemeteries and golf courses are not included in the ordinance. Woodlawn Lake is a favorite west-side destination and the site of the city’s largest Fourth of July party. On Saturday, it was home to Bark in the Park, with families and children scattered throughout the grounds. Article…

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FEDERAL LAWSUIT CHALLENGES SOUTH LAKE TAHOE ORDINANCE

A sex offender ordinance adopted by the City of South Lake Tahoe is the subject of a lawsuit filed today in federal district court on behalf of a registered sex offender (“registered citizen”). This is the second in a series of lawsuits filed in federal court challenging city ordinances that include presence restrictions. The first lawsuit was filed on March 24 challenging a similar ordinance in the City of Pomona. Both ordinances include restrictions regarding where more than 105,000 individuals can reside or be present. Specifically, the South Lake Tahoe…

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Federal lawsuit calls for repeal of Pomona’s sex offender ordinance

POMONA >> A Santa Maria lawyer filed a federal lawsuit against Pomona this week calling for the repeal of a 2008 ordinance regulating the presence of sex offenders in the city. According to the lawsuit, the city’s ordinance goes beyond what is contained in the ordinances of other cities by prohibiting sex offenders from being on private property, such as arcades or movie theaters. Pomona’s ordinance is “one of the worst ordinances in our state,” said Janice Bellucci, who filed the lawsuit on behalf of Frank Lindsey of Grover Beach…

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POMONA ORDINANCE CHALLENGED IN FEDERAL COURT

A sex offender ordinance adopted by the City of Pomona is the subject of a lawsuit filed today in federal district court on behalf of a sex offender (“registered citizen”). The ordinance includes restrictions regarding where more than 105,000 individuals can reside or be present. Specifically, the ordinance prohibits registered citizens from residing or being present within 300 feet of a wide range of public and private locations including schools, parks, bus stops, railroad station, arcades, health clubs, movie theaters, cyber cafes and museums. A registered citizen who violates the…

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Loma Linda agress not to enforce sex offender ordinance

The City of Loma Linda has joined a growing number of cities by agreeing not to enforce its sex offender ordinance that prohibits registered citizens from entering city parks and other recreational areas. The agreement will last until the California Supreme Court makes its decision whether or not to review two recent Court of Appeals decisions that overturned similar ordinances in Orange County and the City of Irvine. Loma Linda’s decision was conveyed to California RSOL in a letter signed by the City Manager and dated March 17, 2014. The…

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El Centro City Council repeals city ordinance on registered sex offender restrictions

El Centro City Council approved repealing a city ordinance relating to registered sex offender restrictions due to a state law that precedes the city’s ordinance. The city recently received a letter from a nonprofit group asking them to repeal the ordinance and would challenge the ordinance in court if it was not repealed in 60 days, El Centro Mayor Viegas-Walker said. El Centro and many other cities throughout the state are now having to repeal ordinances implemented in 2006 while the state figured out what the rules would be, said…

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Registered Sex Offender Released After Being Wrongly Identified As Person on School Grounds

A registered sex offender who was believed to be the suspicious person spotted on a Sunnyvale school campus in January has been cleared in the case and is no longer in jail, a prosecutor said today.  Theodore ____ ____, 42, of San Jose, was released from the Santa Clara County Main Jail on Feb. 24 after prosecutors concluded that he did not visit the South Peninsula Hebrew Day School in Sunnyvale on Dec. 20, Deputy District Attorney Brian Welch said.  A prosecutor assigned to ___ case came to that conclusion…

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CT: Council drops proposal to ban sex offenders in Wallingford parks

WALLINGFORD — Regulations preventing sex offenders from entering parks won’t be pursued by the Town Council, the ordinance committee determined Thursday night. Town Councilor Craig Fishbein, chairman of the committee, said the opinion of the Law Department was sought after the committee spoke on the issue in past meetings. Fishbein said Corporation Counsel Janis Small issued memos to the committee — made up by the Town Council — on Feb. 26 and Feb. 28 with information on how other municipalities and states handled similar bans. Other municipalities in Connecticut have…

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South Pasadena agrees not to enforce city’s presence restrictions

The City of South Pasadena has agreed not to enforce its presence restrictions which prohibited all registered citizens from “loitering” in the city’s parks, library, school bus stops, restaurants with children’s playground, etc.  The City formalized its agreement in a letter from City Manager Sergio Gonzalez dated February 24 (below).   The City’s agreement was reached after California RSOL notified the City that its presence restrictions were in violation of two recent decisions by the California Court of Appeal which stated that similar restrictions in Orange County and the City…

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Mission Viejo agrees not to enforce Presence Restrictions for 290s

The City of Mission Viejo has agreed not to enforce the presence restrictions in an ordinance it adopted in January 2012.  The agreement is now in effect and will continue to remain in effect unless the State Supreme Court makes an adverse ruling in a related case.   According to a letter from Mayor Trish Kelley dated February 21, 2014 (below), the Chief of Police Services and the City Attorney recommended to the City Council a stay of enforcement for the city’s ordinance.  The presence restrictions in that ordinance that will not be enforced include all…

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