Chapter 9.64
SEX OFFENDER RESIDENCY RESTRICTIONS
Sections:
9.64.010 Definitions.
9.64.020 Violation of residential exclusion zone.
9.64.030 Sex offender violation—One-family dwellings.
9.64.040 Sex offender violation—Two-family dwellings.
9.64.050 Sex offender violation—Multiple dwellings.
9.64.060 Sex offender violation—Multiple dwellings—Permanent resident.
9.64.070 Sex offender violation—Hotel/motel/inn rooms.
9.64.080 Sex offender violation— Hotel/motel/inn—Permanent resident.
9.64.090 Responsible party violation—One-family dwellings.
9.64.100 Responsible party violation—Two-family dwellings.
9.64.110 Responsible party violation—Two-family dwellings—Multiple units.
9.64.120 Responsible party violation—Multiple dwellings.
9.64.130 Responsible party violation—Multiple dwellings—Multiple units.
9.64.140 Responsible party violation—Hotel/motel/inn.
9.64.150 Responsible party violation—Hotel/motel/inn—Multiple units.
9.64.160 Offenses constituting nuisances.
9.64.170 Nuisances—Recovery of abatement expenses.
9.64.180 Penalties.
9.64.190 Criminal penalties do not satisfy administrative or civil actions.
9.64.200 Timing of application of this chapter.
9.64.010 Definitions.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
A. “Child” or “children” shall mean any person(s) under the age of eighteen years.
B. “Child care center” shall mean any day care facility, day care home, or group care facility which houses or serves a child or children (as those terms are defined in Chapter 18.04 of this code).
C. “Hotel” or “motel” shall have those meanings as set forth in Chapter 18.04 of this code.
D. “Inn” shall mean any boardinghouse, lodginghouse or roominghouse (as those terms are defined in Chapter 18.04 of this code).
E. “Multiple dwelling” shall have that meaning as set forth in Chapter 18.04 of this code. This includes apartment houses and condominiums, but does not include hotels, motels, or inns.
F. “One-family dwelling” shall have that meaning as set forth in Chapter 18.04 of this code.
G. “Owner’s authorized agent” shall mean any natural person, firm, association, joint venture, joint stock company, partnership, organization, club, company, corporation, business trust or the manager, lessee, agent, servant, office or employee authorized to act for the owner of a property.
H. “Park” shall include those areas as defined in Section 11.04.010 of this code.
I. “Permanent resident” shall mean any person who, as of a given date, obtained the right to occupy a dwelling including but not limited to a one-family dwelling, multifamily dwelling, two-family dwelling, hotel, motel, or inn for more than thirty consecutive days.
J. “Property owner” as applied to buildings and land shall mean the owner of record of any parcel of real property as designated on the county assessor’s tax roll, or a holder of a subsequently recorded deed to the property, and shall include any part owner, joint owner, tenant, tenant in common, or joint tenant, of the whole or part of such a building or land.
K. “Residential exclusion zone” means a zone in which a sex offender is prohibited from temporarily or permanently residing, and includes those areas located within the following distances:
1. Two thousand feet of the closest property line of the subject property to the closest property line of a public or private school grades K through twelve, or park; or
2. Three hundred feet of the closest property line of the subject property to the closest property line of a child care center.
L. “Responsible party” shall mean the property owner and/or owner’s authorized agent.
M. “Sex offender” means any person for whom registration is required pursuant to Section 290 of the California Penal Code, regardless of whether that person is on parole or probation.
N. “Temporary resident” means any person who, for a period of thirty days or less, obtained the right to occupy a dwelling including, but not limited to, a hotel, motel or inn.
O. “Two-family dwelling” shall have that meaning as set forth in Chapter 18.04 of this code. (Ord. 1705 § 1 (part), 2008)
9.64.020 Violation of residential exclusion zone.
No sex offender shall be a permanent or temporary resident in a residential exclusion zone. (Ord. 1705 § 1 (part), 2008)
9.64.030 Sex offender violation—One-family dwellings.
No sex offender shall be a permanent or temporary resident in a one-family dwelling already occupied by another sex offender, unless those persons are legally related by blood, marriage or adoption. (Ord. 1705 § 1 (part), 2008)
9.64.040 Sex offender violation—Two-family dwellings.
No sex offender shall be a permanent or temporary resident in a two-family dwelling already occupied by another sex offender, unless those persons are legally related by blood, marriage or adoption. (Ord. 1705 § 1 (part), 2008)
9.64.050 Sex offender violation—Multiple dwellings.
No sex offender shall be a permanent or temporary resident in the same dwelling unit of a multiple dwelling already occupied by another sex offender, unless those persons are legally related by blood, marriage or adoption. (Ord. 1705 § 1 (part), 2008)
9.64.060 Sex offender violation—Multiple dwellings—Permanent resident.
No sex offender shall be a permanent or temporary resident in a multiple dwelling if ten percent of the total dwelling units within the multiple dwelling are already occupied by sex offenders (“occupied units”). Where this calculation results in a fractional number of occupied units that is below the halfway breakpoint (less than 0.5), the number of permissible occupied units will be rounded downward. Where it results in a fractional number of occupied units that is at or above the halfway breakpoint (greater than or equal to 0.5), the number of permissible occupied units will be rounded upward. Notwithstanding the above, a sex offender may be a permanent or temporary resident of an occupied unit within a multiple dwelling, without violating the restrictions contained herein, if the occupied unit is occupied by another sex offender legally related to the sex offender by blood, marriage or adoption. (Ord. 1705 § 1 (part), 2008)
9.64.070 Sex offender violation—Hotel/motel/inn rooms.
No sex offender shall be a permanent or temporary resident in the same guest room of a hotel, motel, or inn already occupied by another sex offender, unless those persons are legally related by blood, marriage or adoption. (Ord. 1705 § 1 (part), 2008)
9.64.080 Sex offender violation— Hotel/motel/inn—Permanent resident.
No sex offender shall be a permanent resident in any guest room of a hotel, motel, or inn if ten percent of the total guest rooms within the hotel, motel or inn are already occupied by sex offenders (“occupied units”). Where this calculation results in a fractional number of occupied units that is below the halfway breakpoint (less than 0.5), the number of permissible occupied units will be rounded downward. Where it results in a fractional number of occupied units that is at or above the halfway breakpoint (greater than or equal to 0.5), the number of permissible occupied units will be rounded upward. Notwithstanding the above, a sex offender may be a permanent or temporary resident of an occupied unit within a hotel, motel or inn, without violating the restrictions contained herein, if the occupied unit is occupied by another sex offender legally related by blood, marriage or adoption to the sex offender. (Ord. 1705 § 1 (part), 2008)
9.64.090 Responsible party violation—One-family dwellings.
No responsible party shall knowingly rent a one-family dwelling to, or allow occupancy as a permanent or temporary resident by, more than one sex offender during any given period of tenancy, unless those persons are legally related by blood, marriage or adoption. (Ord. 1705 § 1 (part), 2008)
9.64.100 Responsible party violation—Two-family dwellings.
No responsible party shall knowingly rent a unit within a two-family dwelling to, or allow occupancy as a permanent or temporary resident by, more than one sex offender during any given period of tenancy, unless those persons are legally related by blood, marriage or adoption. (Ord. 1705 § 1 (part), 2008)
9.64.110 Responsible party violation—Two-family dwellings—Multiple units.
No responsible party shall knowingly rent more than one unit within a two-family dwelling to, or allow occupancy as a permanent or temporary resident by, more than one sex offender during any given period of tenancy. (Ord. 1705 § 1 (part), 2008)
9.64.120 Responsible party violation—Multiple dwellings.
No responsible party shall knowingly rent a unit within a multiple dwelling to, or allow occupancy as a permanent or temporary resident by, more than one sex offender during any given period of tenancy, unless those persons are legally related by blood, marriage or adoption. (Ord. 1705 § 1 (part), 2008)
9.64.130 Responsible party violation—Multiple dwellings—Multiple units.
No responsible party shall knowingly rent more than ten percent of the total dwelling units within a multiple dwelling to, or allow occupancy as a permanent or temporary resident by, a sex offender during any given period of tenancy (“occupied units”). Where this calculation results in a fractional number of occupied units that is below the halfway breakpoint (less than 0.5), the number of permissible occupied units will be rounded downward. Where it results in a fractional number of occupied units that is at or above the halfway breakpoint (greater than or equal to 0.5), the number of permissible occupied units will be rounded upward. (Ord. 1705 § 1 (part), 2008)
9.64.140 Responsible party violation—Hotel/motel/inn.
No responsible party shall knowingly rent a guest room in a hotel, motel, or inn to, or allow occupancy as a permanent or temporary resident by, more than one sex offender, unless those persons are legally related by blood, marriage, or adoption. (Ord. 1705 § 1 (part), 2008)
9.64.150 Responsible party violation—Hotel/motel/inn—Multiple units.
No responsible party shall knowingly rent more than ten percent of the total dwelling units in a hotel, motel, or inn to, or allow occupancy as a permanent or temporary resident by, a sex offender as a permanent resident (“occupied units”). Where this calculation results in a fractional number of occupied units that is below the halfway breakpoint (less than 0.5), the number of permissible occupied units will be rounded downward. Where it results in a fractional number of occupied units that is at or above the halfway breakpoint (greater than or equal to 0.5), the number of permissible occupied units will be rounded upward. (Ord. 1705 § 1 (part), 2008)
9.64.160 Offenses constituting nuisances.
Any two-family dwelling, hotel, motel, inn, multiple dwelling, or one-family dwelling operated or maintained in a manner inconsistent with the occupancy requirements of this chapter or the restrictions of California Penal Code Section 3003.5 are declared to be unlawful and are defined as and declared to be public nuisances per se that are injurious to the public health, safety, and welfare. (Ord. 1705 § 1 (part), 2008)
9.64.170 Nuisances—Recovery of abatement expenses.
A. In any civil action or proceeding, administrative proceeding, or special proceeding, including, but not limited to, those brought to abate a public nuisance, the prevailing party will be entitled to recovery of all staff time costs, costs of abatement, attorney’s fees and expenses; provided, that attorneys’ fees will only be available in those actions or proceedings in which the city has provided notice at the commencement of such action or proceeding that it intends to seek and recover its own attorneys’ fees. In no action or proceeding will an award of attorneys’ fees exceed the amount of reasonable attorneys’ fees incurred by the city in the action or proceeding.
B. Moneys due the city pursuant to this chapter may be recovered in an appropriate civil action. Alternatively, such liability may be enforced by special assessment proceedings against the parcel of land upon which the nuisance existed, which proceedings must be conducted in a manner substantively similar to proceedings prescribed in Chapter 8.64 of this code relating to assessment for abatement of property nuisances. (Ord. 1705 § 1 (part), 2008)
9.64.180 Penalties.
Every person who violates any provision of this chapter shall be guilty of a misdemeanor and shall be subject to the penalties as set forth in Chapter 1.16 of this code. Each day that such violation exists shall be deemed a new and separate offense. (Ord. 1705 § 1 (part), 2008)
9.64.190 Criminal penalties do not satisfy administrative or civil actions.
Neither the arrest, prosecution, conviction, imprisonment, or payment of any fine for the violation of this chapter shall satisfy or diminish the authority of the city to institute administrative or civil actions seeking enforcement of any or all of the provisions of this chapter. (Ord. 1705 § 1 (part), 2008)
9.64.200 Timing of application of this chapter.
Notwithstanding anything to the contrary contained herein, this chapter shall apply to all sex offenders who establish a new residence within the city of Gardena after the effective date of this chapter, and to all responsible parties who allow occupancy by a sex offender within the city of Gardena after the effective date of this chapter. Nothing in this chapter is intended to limit the obligations of a sex offender to comply with the requirements of state law, including, but not limited to, California Penal Code Section 3003.5. (Ord. 1705 § 1 (part), 2008)