Chapter 9.10
SEX OFFENDER RESIDENCY AND PRESENCE RESTRICTIONS

Sections:

9.10.010    Definitions.

9.10.020    Prohibitions.

9.10.030    Exceptions.

9.10.040    Enforcement and penalties.

9.10.010 Definitions.

For purposes of this chapter the following terms shall have the following meanings:

(A) “Group home” means any residential structure or unit, whether operated by an individual, for-profit or nonprofit entity, which is not licensed by the state of California and which houses individuals not related by blood, adoption or marriage.

(B) “Parolee” means any of the following:

(1) “California Department of Corrections and Rehabilitation parolee” means an adult or juvenile individual sentenced to a term in the California Department of Corrections and Rehabilitation, Division of Juvenile Operations and who received conditional and revocable release in the community under the supervision of a California Department of Corrections and Rehabilitation parole officer.

(2) “Federal parolee” means an individual convicted of a federal crime, sentenced to a United States federal prison, and who received conditional and revocable release in the community under the supervision of a federal parole officer.

(3) “State adult parolee” means an individual who is serving a period of supervised community custody, as defined in Section 3000 of the Penal Code, following a term of imprisonment in a state prison, and is under the jurisdiction of the California Department of Corrections and Rehabilitation, Division of Adult Parolee Operations.

(C) “Parolee home” means any residential structure or unit, whether owned and/or operated by an individual, for-profit or nonprofit entity, which is not licensed by the state of California and which houses at least two parolees unrelated by blood, marriage or legal adoption, in exchange for monetary or nonmonetary consideration and/or paid by the parolee and/or any individual or public/private entity on behalf of the parolee.

(D) “Probation” means an individual serving a period of time on probation ordered by a court of law.

(E) “School” means a place of learning and includes the following: licensed child or day care facilities; institutions of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained pursuant to standards set by the State Board of Education; nursery schools; kindergartens; elementary schools; middle or junior high schools; senior high schools; special institutions of education; vocational or professional institutions of higher education; including community or junior colleges and universities.

(F) “Sensitive uses” means and includes schools (public and private, not including home schools); school bus stops; public swimming pools; parks and park facilities (public and private, not including pools, equipment or buildings in private yards); libraries; licensed day care facilities (including family home day care); foster or juvenile residential care facilities or group homes; video arcades; movie theaters; religious institutions with site plan approval; museums; youth centers; amusement parks; and educational/tutorial learning centers. Distances from sensitive uses shall be measured from property lines.

(G) “Sex offender” means an individual who has served a term of imprisonment or jail time for an offense for which registration is required pursuant to Section 290 of the Penal Code. (Ord. 1351 § 2, 2008)

9.10.020 Prohibitions.

(A) Parolee homes of two or more parolees unrelated by blood, marriage or legal adoption are prohibited.

(B) Group homes of two or more unrelated sex offenders and/or two or more individuals on probation are prohibited.

(C) Sex offenders, including both adult and juvenile, except for those legally registered with the same address prior to the effective date of the ordinance codified in this chapter, shall not reside within 3,000 feet, as measured by the city of Palmdale and/or court-issued global positioning system (GPS) tracking equipment, from sensitive uses as defined in this chapter.

(D) Sex offenders, including both adult and juvenile, except for those legally registered with the same address prior to the effective date of the ordinance codified in this chapter, shall not reside within 1,000 feet, as measured by the city of Palmdale and/or court-issued global positioning system (GPS) tracking equipment, from another sex offender unrelated by blood, marriage or legal adoption. The first sex offender to establish a lawful residency shall not be in violation of this subsection if another sex offender attempts to establish a residency within the prohibited distance.

(E) A sex offender is prohibited from being present on or within 300 feet of any public or private schools for children, centers or facilities that provide day care or children’s services, video arcades, public and private playgrounds and play facilities, parks, youth sports facilities, skate parks, public swimming pools and bus stops in the immediate vicinity of parks and schools. For purposes of this section, distances shall be measured from the edge of the parcel or contiguous parcels where the identified use is located. This prohibition does not apply to single trips while traveling past a location specified in this article while in route to another destination and does not prohibit a sex offender from entering into a polling place in a prohibited area to vote if he leaves immediately after voting. (Ord. 1351 § 2, 2008)

9.10.030 Exceptions.

A sex offender residing within prohibited areas is not in violation of this chapter if such residence is a result of the following:

(A) The person is serving a sentence at a jail, prison, juvenile facility, or other correctional institution or facility.

(B) The person is committed pursuant to an order of commitment under Section 6600 et. seq. of the California Welfare and Institutions Code.

(C) The person established a lawful residence prior to the opening or establishment of the “sensitive use.” (Ord. 1351 § 2, 2008)

9.10.040 Enforcement and penalties.

This chapter is enforceable as set forth in PMC Title 1 and violations of this chapter are punishable as set forth therein. (Ord. 1351 § 2, 2008)