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HomeMy WebLinkAbout078r - ORDINANCE NO. 78 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE AMENDING THE IRWINDALE MUNICIPAL CODE BY ADDING CHAPTER 5 TO ARTICLE IV THEREOF, BEING SECTIONS 4500 THROUGH 4505, INCLUSIVE, AND ALL OF WHICH SECTIONS RELATE TO THE REGISTRATION OF FELONS THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES ORDAIN AS FOLLOWS: SECTION 1. The Irwindale Municipal Code hereby is amended by adding chapter 5 to Article IV thereof consisting of sections 4500 through 4505 and reading respectively as follows: 4500. Convicted Person Defined. For the purpose of this chapter, the words cony cte3 person � defined as follows: (a) Any person who, subsequent to January 1, 1921, has been or hereafter is convicted of an offense punishable as a felony in the State of California, or who has been or who is hereafter convicted of any offense in any place other than the State of California, which offense, if committed in the State of California, would have been punishable as a felony. (b) Any person who, subsequent to January 1, 1921, has been or hereafter is convicted in the State of California, or else- where, of the violation of any law, whether the same is or is not punishable as a felony: (1) Relating to or regulating the possession, distribution, furnishing, use, or addiction to the unlawful use of any narcotic as defined and referred to in Division 10 of the California Health and Safety Code. (2) Regulating or prohibiting the carrying possession, or ownership of any concealed weapon, or deadly weapon, or any weapon capable of being concealed, or regulating or prohibiting the posses- sion, sale or use of any device, instrument, or attachment designed or intended to be used for the purpose of silencing the report, or concealing the discharge or flash of any firearm; (3) Regulating or prohibiting the use, possession, manu- facture, or compounding of tear gas, or any other gas, which may be used for the purpose of temporarily or permanently disabling any human being. (c) Any person who has been, since January 1, 1921, or who hereafter is convicted of a crime in the State of California under the provisions of one or more of the following sections of the Penal Code of California, to wit: 264, 265, 286, 288, 288a, subdivision 1 of 647a or of subdivisions 1 or 2 of 311, or who has been, since January 1, 1921, or hereafter is convicted in any other than the State of California of an offense which, if committed in this State, would have been punishable under one or more of said sections. (1) Any person who has been, since January 1, 1945, or who hereafter is convicted of a crime in the State of California under the provisions of section 647 (5) of the Penal Code of the State of -1- Ordinance No. 78 California, or who has been, since January 1, 1945, or hereafter is convicted in any place other than the State of California of any offense which, if committed in this State, would have been punish- able under said section. (d) Any person who has been, since January 1, 1921, or hereafter is convicted in the State of California or elsewhere of any attempt or conspiracy to commit any offense described or referred to in this section. (e) Provided, however, that any person, except as herein- after set forth, whose conviction is or has been set aside in a manner r provided by law, shall not be deemed a convicted person; provided further, however, that one who has been convicted of the commission of one or more of the crimes referred to in Subdivision (c) hereof, and whose conviction has been set aside at the termination of proba- tion, and in connection therewith, shall be considered a convicted person, as such term is used in this chapter. 4501. Convicts Registration - Information required. (a) It shall be unlawful or any convi crew person o e or remain the City of Irwindale for a period of more than five days, without, during such five-day period, registering with the Chief of Police in the manner hereinafter prescribed. So long as the City of Irwindale contracts with any other governmental agency for the furnishing of police protection and police services to said city, the officer having charge and control of such services for such contracting agency shall be deemed to be the Chief of Police of said city for the purpose of this chapter and the members of such contracting agency, so furnishing such services, shall be deemed to be police officers of the City of Irwindale for the purposes of this chapter. (b) Any convicted person who does not reside in the City, but who has a temporary or permanent place of abode outside the City and comes into the City on five occasions or more during any thirty - day period, shall be subject to the provisions of this chapter, in- clusive, and shall, on or before entering the City on such fifth occasion, register in the manner prescribed in Subdivision (d) hereof, (c) Provided, that any person who has once registered vith the Chief of Police as a convicted person, shall not be required to register again, except as provided in Section 4501 of this Code; pro- vided further, however, that any person convicted of any of the crimes enumerated in Subdivision (d) of Section 4500 of this Code shall register as provided in this section, regardless of whether he has previously so registered as a convicted person by reason of his con- viction of some crime other than those enumerated in said Section 4500 (c). (d) Every person required by this section to register shall do so by filing with the Chief of Police a statement in writing, signed by such person, upon a form prescribed and furnished by the Chief of Police, giving the following information: 1. His true name and all aliases which he has used or under which he may have been known; 2. A full and complete description of his person; -2- ordinance No. 78 3. The kind, character and nature of each crime of which he has been convicted; 4. The place where each of such crimes was committed and the place or places of conviction; 5. The name under which he was convicted in each instance and the date thereof; 6. The name, if any, and the locution of each prison, refor- matory, jail or other penal institution in which he was confined or to which he was sentenced; 7. The location and address of his residence, stopping place, living quarters or place of abode in the City; if more than one resi- dence, stopping place, or place of abode, that fact must be stated and the location and address of each given; 8. A statement of the kind of residence, stopping place or place of abode in which he resides, whether the same is temporary or permanent, i.e., whether the same is a private residence, hotel, apartment house or other building or structure; 9. The length of time he has occupied each such place of residence, stopping place or place of abode; and the length of time he expects or intends to remain in the City; 10. Such other and further information as may be required by the Chief of Police for the purpose of aiding and assisting in carrying into effect the provisions and intent of this chapter. 4502. Convicts - Change of Residence. Any convicted person, except a non-resident, who s requ red o register under the pro- visions of this chapter, inclusive, who changes his place or residence, stopping place or living quarters, shall, within 48 hours after such change, and any non-resident mentioned in Section 4501 (b) who has registered and changes his place of residence, stopping place or living quarters, shall, upon his next entry into the City after such change, notify the Chief of Police of such fact and furnish to such Chief of Police the address of his new residence, stopping place or living quarters in the same manner and with the some detailed infor- mation as is required in the filing of the original statement under the provisions of Section 4501. 4503. Convicts, Photogr convicted person, at the time or r information required by Sections 4 and fingerprinted by the Chief of graphs and fingerprints to be made by Sections 4503 and 4505. and Each the 501 and 4502, shall be photographed Police, who shall cause such photo - a part of the record provided for 4504. Records Confidential. (a) The statements, photo- graphs and fingerpr n s hereinoefore provided for shall not be open to inspection by the public, or by any person other than a regularly employed peace or law enforcement officer. Any such photograph, or duplicates thereof, may be exhibited to persons other than police officers of the City for the purpose of assisting in identifying per- petrators of any crime. Copies of said statements, photographs and -3- Ordinance No. 78 fingerprints may be transmitted to the sheriff of any county of the State of California, to the head of any organized police department of any municipality in said state, or to the head of any department of the State of California engaged in the enforcement of any criminal law of this state, or to the head of any federal law-enforcement agency, or to any sheriff or chief of police of a municipality, or to the head of any other law-enforcement agency of any state in any state or territory outside the State of California, when request is made in writing by such sheriff or other head of a law-enforcement agency asking for the record of a certain person named therein, or for the record of a person whose photograph or fingerprints reason- ably correspond with photographs or fingerprints submitted with such request, and stating that such record is deemed necessary for the use of such law enforcement officer or agency in or concerning the investi- gation of any crime, or any person who is accused of committing a crime, or any crime which is reported to have been committed, and further stating that the record will be used only for such purpose. (b) Any police officer or other employee of the Police Department who disclosed to any person any information contained to any statement required to be filed under the provisions of this chapter otherwise than in the regular course of his duties, shall be guilty of a misdemeanor. (c) Nothing contained in this chapter shall prevent the Chief of Police from furnishing to the sheri^f of any county, the Chief of Police of any municipality, or the head of any other law - enforcing agency which maintains any system of registration of con- victed persons copies of the statements required to be filed under the provisions of this chapter, together with photographs and finger- prints of persons making such statements when and if such sheriff, c of police, or other head of a law -enforcing agency furnishes to the Chief of Police of this City copies of statements, photographs and fingerprints procured by him, and it is hereby made the duty of ach Chief of Police to arrange for the exchange of such information. 4505. False Statements. (a) No person required by any provision of this section ournish a s.atement, shall in such state- ment give any false or fictitious address or any address other than a true address or intended address, or furnish in the making of any such report any false, untrue or misleading information or statement, relating to any information required by any of the provisions thereof to be made or furnished. (b) Continuing Offense. The duty to furnish statements when and in the manner proviaea 5y this chapter is hereby declared to be a continuing one, and for each day that any person required under the provisions of this chapter to furnish a statement fails to do so, such failure shall constitute a separate offense; provided, how- ever, that no person may be convicted more than once on account of violations occurring by reason of failure, on a series of days, to furnish such statements; provided, further, that nothing contained herein shall be deemed a bar to subsequent prosecutions for viola- tions of the provisions of this Code occurring subsequent to a prior conviction or acquittal of a violation thereof. SECTION 2. The City Clerk shall certify to the passage of this ordinance and cause the same to be posted in the manner required by law. -4- r- APPROVED AND PASSED this 3rd day of November , 1959. STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss CITY OF IRWINDALE I, MAXINE HORST, City Clerk of the City of Irwindale, do hereby certify that the foregoing Ordinance No. 78 was regu- larly introduced and placed upon its first reading�a regular meeting of the City Council on the 27th day of October , 1959. That, thereafter, said ordinance wasly—approved -a_na_p__a_s`F`e7 at a regular meeting of the City Council on the 3rd day of November , 1959s by the following vote, to -wTf-- AYES Councilmen Diaz, Miranda, Ornelas. NOES Councilmen None Not Voting WOEM Councilmen Martinez, Silva STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS CITY OF IRWINDALE ) MAXINE M. HORST, being first duly sworn, deposes and says: That she is the City Clerk of the City of Irwindale, California, and is and was at all times herein mentioned a citizen of the United States over the age of eighteen (18) years and competent to be a witness herein. On November 10, 1959, she securely and, conspicuously posted, at each of the public places in said. City, to -wit: (1) 5140 North Irwindale Avenue (2) Post Office on Irwindale Avenue (3) Southwest corner of Arrow Highway and Irwindale Avenue. a copy of Ordinance No. 78 of the City of Irwindale, being in all respects the same as that attached. and, made a part hereof. Dated: November 10, 1959. -5- City Clerk of the City of Irwindale, Califonnis