Orange County supervisors gave preliminary approval to an ordinance that would ban registered sex offenders from county parks, but several issues must be resolved before final approval.
The proposed law would make it a misdemeanor for registered sex offenders to enter county recreational areas where children regularly gather, and it would cover any county-owned, leased, operated or maintained land, including harbors, beaches, parks or recreational areas.
Supervisor Shawn Nelson proposed the ordinance after one of his constituents complained that a registered sex offender inherited a home in Fullerton, across from Laguna Lake Park.
"We found there were few tools to keep this person away from children in the park," Nelson said.
Fullerton City Council members have approved similar ordinances barring sex offenders from parks, Nelson said.
"About a year ago it really came to our attention that there's an area of the law that's not covered with respect to sexual predators -- whether we could stop or prohibit registered sex offenders from using parks where kids regularly gather and play and what we learned is in most cases you cannot," said District Attorney Tony Rackauckas
"While the law may control where a registered sex offender lives it doesn't control where they go," he said.
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So the ordinance aims to create "safety zones" for children who play in the parks, Rackauckas said.
Eric Knight of the Sex Offenders Solutions and Education Network warned supervisors that the ordinance would not pass constitutional muster.
"I guarantee this law will be taken down," Knight said.
But Rackauckas said he was confident the ordinance could survive any legal challenge.
Still, the supervisors said the ordinance needs tweaking.
For instance, Supervisor Patricia Bates asked about registered sex offenders on staff who have to do work in the county's parks.
"The enforcement is key to having this work," Bates said, adding not all sex offenders are considered dangerous.
Nelson suggested the Orange County sheriff be in charge of granting waivers from the law, and the supervisors agreed.
Anyone violating the law could face up to six months in jail and a $500 fine, Rackauckas said.
The supervisors will consider final approval of the ordinance at their April 5 meeting.
