CA- WILDOMAR: City to have its own sex offender law

A ordinance to cover 19 former offenders and no mention of backdating to exclude them. Another interesting point, it appears lawyers of different towns disagree on what is constitutional. Then to show the stupidity of this type of ordinance, kids are more likely to gather at someone's home say for a birthday party, than they are to in parks. So if the focus is -where kids gather- notice the large hole in lawmakers' logic. Then consider malls, movies, roller rinks, etc etc etc...

3-13-2009 California:

Enforcement to be delayed until legal issues resolved

WILDOMAR ---- As other cities have done, Wildomar will enact restrictions in Jessica's Law on where registered sex offenders can live ---- but with a catch, City Council members decided this week.

There will be no enforcement until the state Supreme Court irons out some legal issues. That way the city can avoid lawsuits, while ensuring the restrictions are in place if and when they are enforceable, City Attorney Julie Biggs advised.

The council members voted unanimously Wednesday to have the city attorney on March 25 bring back an ordinance that will establish "predator-free zones" where registered sex offenders would be prohibited from living. The law aims to keep offenders away from places such as schools and parks where children gather.

The ordinance will require initial and final approval by the council, after which it would become effective in 30 days.

The state Department of Justice's Web site lists 19 registered sex offenders in the 92595 ZIP code, which encompasses most of Wildomar.

"I think it sends a message to sex offenders that are in Wildomar and it's on our books," Mayor Scott Farnam said of the ordinance. "It won't be enforced yet, but it lets them know we are moving forward with a tougher law."

Councilwoman Bridgette Moore said she brought the idea of a Jessica's Law ordinance to the city attorney after she was told about it by members of the county's Sexual Assault Felony Enforcement Team during a presentation at City Hall.

"I have a young son, so I really want Wildomar to be as safe as it can be," she said.

Biggs recommended the city go ahead with the law, but not enforce it until the Supreme Court rules on a case challenging Jessica's Law, a proposition approved by the state's voters in 2006. The law toughens penalties on some sex offenders, requires sentenced offenders to wear Global Positioning Systems, and allows sex offenders to be indefinitely committed to state mental institutions.

The measure also authorizes cities and counties to ban registered offenders from moving into homes within 2,000 feet of schools and parks, but allows the government agencies to adopt even tighter restrictions.

Biggs said government agencies have to enact an ordinance for the provisions of Jessica's Law to apply in their jurisdictions.

While Temecula and Murrieta have already adopted more restrictive ordinances, Biggs recommended against Wildomar using them as models.

She had concerns about both of the ordinances and cited, as one example, a provision in the Murrieta ordinance related to loitering that she said appeared to be too broad.

Meanwhile, according to Biggs, the case before the Supreme Court challenges the residency restrictions as "cruel and unusual punishment" and the application of the measure to those whose offenses don't involve children.

She said she expects the predator-free zones in Wildomar's ordinance to adhere to the 2,000-foot radius from schools and parks.

By going forward with it now, the ordinance will apply on the date it is enacted to offenders sentenced from that date into the future, Councilwoman Sheryl Ade said.

"For the people in the community, it makes them feel safe," Ade said. "I'm not sure I subscribe to that (idea children are safer). There's been some challenges to the law and where ultimately we're going to put these (offenders). But it's something people in the community feel strongly about." ..News Source.. by MICHAEL J. WILLIAMS - Staff Writer