The Fullerton City Council moved to encourage the state to enact laws similar to Chapter 7.150 of the Fullerton Municipal Code, which the City unanimously voted to repeal on Tuesday, February 7, 2017.
The Council directed City Staff to add sex offender residency and other similar restrictions to the City’s legislative platform as a first step toward advocating for the regulations repealed in the Municipal Code to be considered revisions to state law.
The repeal was in light of the recent California Supreme Court Ruling which stated “blanket enforcement of mandatory residency restrictions against registered sex offenders in San Diego County was unconstitutional.”
The City Attorney’s office recommended the city repeal Chapter 7.150, which is likely to be found unconstitutional and unenforceable, and instead, revert back to the state legislation, Penal Code section 3003.5.
State law restrictions remain in place including Penal Code section 3003.5 setting forth residency restrictions and prohibiting sex offenders from residing within 2,000 feet of any public or private school, or park where children regularly gather.