Council Candidate Wants Sex Offenders Banned From Parks

18 registered sex offenders live in Menlo Park. Attorney Raymond Mueller wants them to stay out of the places where children play. 

for Menlo Park City Council sent a letter to the city’s attorney and City Council Monday proposing a “Child Safety Zone,” which would ban registered sex offenders from all 15 of the city’s parks.  Mueller said distributors partially inspired this.

“Not long ago an was accused of acting inappropriately towards a minor, and another individual was somehow hired at a despite being accused of acting inappropriately towards children in the past,” Mueller elaborated.

The California Department of Justice requires people convicted of sexual predation to register with the law enforcement agency that governs the place where they live.  However, 25 percent of sex offenders do not have to publicly disclose their status, according to the California Department of Justice’s website. No state law prevents them from entering parks, according to Menlo Park Police Commander Lacey Burt. 

With state agencies receiving more than 3 million reports of child abuse each year, many cities in California are taking matters into their own hands.  Laguna Hills, Huntington Beach and Lake Forest are three municipalities implementing bans. In fact, Mueller modeled his ban after the one from Laguna Hills.  

If adopted, would be tasked with enforcing this ban.  Residents would need to report suspicious activity for the police to take action.

“We can’t just run people through the system randomly,” said Menlo Park Police Spokesperson Nicole Acker.  “Hypothetically, if they’re a known sex offender and an officer could identify that they are, then that’s different.  It depends on the circumstances.”  

Acker said that if something like this were to be ratified by City Council, then Sergeants would brief the officers to train them how to enforce it, as they do any time a new law is passed.

Mueller said he is not advocating that armed policeman patrol the parks; he wants to deter sexual predators from descending into Menlo Park to look for victims.  He said that if they know this city punishes sex offenders harshly, it could repel them.

“I believe this ordinance sets a tone that sexual predators who target children will take notice of, that we in Menlo Park are looking for them, and that they should hunt somewhere else,” he added.

Scroll down to read full text of Mueller's proposed ordinance:

8.53 CHILD SAFETY ZONES – PROHIBITION OF REGISTERED SEX OFFENDERS FROM ENTERING PARKS

Sections:

8-53.010    Purpose and intent.

8-53.020    Definitions.

8-53.030    Prohibitions.

8-53.040    Signage posting requirement.

8-53.050    Penalties for violation.

8-53.060    Other prosecution authorized.

8-53.070    Waiver criteria.

8-53.010 Purpose and intent.

It is the purpose and intent of this chapter to protect children from registered sex offenders by restricting sex offenders’ access to locations where children regularly gather. It is also the purpose and intent of this chapter to reduce the risk of harm to children by impacting the ability of sex offenders to be in contact with children. It is further the intent of this chapter to provide additional restrictions beyond those provided for in state law by restricting sex offenders from certain limited locations, and by allowing for criminal penalties for violations of this chapter. It is not the intent of this chapter to allow conduct otherwise prohibited by state law or to contradict state law. City parks and specified private community parks in the City of Menlo Park are recognized by the City Council as locations where children regularly gather.

8-53.020 Definitions.

For purposes of this chapter, the following terms are defined as follows:

“Child,” “children” or “minor(s)” means any person(s) under eighteen (18) years of age.

“Park” means any and all City owned, operated, leased, or maintained land established before or after the effective date of the ordinance codified in this chapter for park, recreation, or open space purposes where children regularly gather, including: (1) Bedwell Bayfront Park; (2) Burgess Park; (3) Fremont Park; (4) Jack W. Lyle Park; (5) Kelly Park; (6) Marketplace Park; (7) Nealon Park; (8) Seminary Oaks Park; (9) Stanford Hills Park; (10) Sharon Hills Park; (11) Sharon Park; (12) Hamilton Park; (13) Tinker Park; and (14) Willow Oaks Park. Records identifying, describing, and depicting the location of these areas shall be maintained on file in the office of the City Clerk for public review and inspection.

 “Menlo Park Police Chief” shall mean the Menlo Park Police Chief or their designee.

8-53.030 Prohibitions.

Any person required to register pursuant to California Penal Code Sections 290 et seq., where such registration is required by reason of an offense for which the person was convicted and in which a minor was the victim, who enters into or upon any park within the City where children regularly gather without written permission from the Menlo Park Police Chief, is guilty of a misdemeanor. Each entry into any such area, regardless of the time period between entries, shall constitute a separate offense under this chapter.

8-53.040 Signage posting requirement.

For all parks, a notice in substantially the following form shall be posted:

Any person required to register pursuant to Penal Code §290  is prohibited from entering into or upon this park without written authorization from the Menlo Park Police Department. (MPMC Chapter8-53)

8-53.050 Penalties for violation.

Punishment for a violation of this chapter shall be as follows:

A.    Upon a first conviction, by imprisonment in a county jail for a period of not more than six months, or by a fine not exceeding five hundred dollars ($500.00), or by both imprisonment and a fine.

B.    Upon a second conviction, by imprisonment in a county jail for a period of not less than ten days and not more than six months, or by both imprisonment and a fine not exceeding five hundred dollars ($500.00). Upon a second conviction, however, the person shall not be released on probation, parole, or any other basis until he or she has served not less than ten days.

C.    Upon a third or subsequent conviction, by imprisonment in a county jail for a period of not less than ninety (90) days and not more than six months, or by both imprisonment and a fine not exceeding five hundred dollars ($500.00). Upon a third or subsequent conviction, however, the person shall not be released on probation, parole, or any other basis until he or she has served not less than ninety (90) days.

8-53.060 Other prosecution authorized.

Nothing in this chapter shall preclude or prohibit prosecution under any other provision of law. This chapter shall not apply to persons already restricted from parks pursuant to California Penal Code Section 3053.8.

8-53.070 Waiver criteria.

Notwithstanding the foregoing, a registered sex offender may, by written request made to the Menlo Park Police Chief, which request shall be date, time, and location specific, seek written authorization to enter into or upon a park. The Menlo Park Police Chief shall evaluate each written request to determine whether to grant, conditionally grant, or deny the request. Reasons that may justify the request include:

A.    Accessing the park for the purposes of exercising the rights of free speech or assembly;

B.    Accessing the park for purposes of lawful employment;

C.    Accessing the park for the purposes of voting in any local, state, or federal election; or

D.    Accessing the park for the purposes of attending a religious service.

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