Chapter 11.74
REGISTERED SEX OFFENDER RESIDENCY RESTRICTIONS

Sections:

11.74.010    Definitions.

11.74.020    Registered sex offender prohibition—Residential exclusion zone.

11.74.030    Registered sex offender prohibition—Single-family and multifamily dwellings.

11.74.040    Registered sex offender prohibition—Hotels.

11.74.050    Eviction requirements.

11.74.060    Penalty—Enforcement.

11.74.070    Applicability.

11.74.010 Definitions.

For the purpose of this chapter, the following definitions shall apply:

“Child” or “children” shall mean any person(s) under the age of eighteen (18) years of age.

“Child care center” shall mean any facility licensed by the State of California Department of Social Services that provides nonmedical care to children in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of children for less than a twenty-four (24) hour basis, including, but not limited to, a family day care home, infant center, preschool, extended day care facility, or school age child care center.

“Hotel” shall mean a commercial establishment that rents guest rooms or suites to the public on a nightly, weekly, or monthly basis, and shall include a motel or an inn that operates in such capacity.

“Multifamily dwelling” shall mean a residential structure designed for the permanent residency of two (2) or more individuals, groups of individuals, or families living independently. This definition shall include a duplex, apartment house, and a condominium complex, but shall not include a hotel.

“Owner’s authorized agent” shall mean any natural person, firm, association, joint venture, joint stock company, partnership, organization, club, company, limited liability company, corporation, business trust, manager, lessee, servant, officer, or employee authorized to act for the property owner.

“Park” shall include any areas owned, leased, controlled, maintained, or managed by a public entity which are open to the public where children regularly gather and which provide recreational, cultural, and/or community service activities including, but not limited to, playgrounds, playfields, athletic courts, trails, paseos, and open space.

“Permanent resident” shall mean any person who, on a given date, has obtained a legal right to occupy or reside in, or has already, as of that date, occupied or resided in, a single-family or multifamily dwelling or a hotel, for more than thirty (30) consecutive days.

“Property owner” shall include the owner of record of real property, as recorded in the office of the county registrar-recorder/county clerk, as well as any partial owner, joint owner, tenant, tenant-in-common, or joint tenant of such real property.

“Registered sex offender” shall mean any person who is required to register under Section 290 of the California Penal Code, regardless of whether or not that person is on parole or probation.

“Residential exclusion zone” shall mean any area located within two thousand (2,000) feet from the nearest property line of the subject property to the nearest property line of a child care center, public or private school (grades K through 12), park, or public library.

“Responsible party” shall mean a property owner and/or a property owner’s authorized agent.

“Single-family dwelling” shall mean one (1) permanent residential dwelling located on a single lot. For purposes of this chapter, single-family dwelling shall not include any state-licensed residential facility which serves six (6) or fewer persons.

“Temporary resident” shall mean any person who, on a given date, has obtained a legal right to occupy or reside in, or has already, as of that date, occupied or resided in, a single-family or multifamily dwelling or a hotel, for a period of thirty (30) consecutive days or less. (Ord. 09-5 § 2, 5/12/09)

11.74.020 Registered sex offender prohibition—Residential exclusion zone.

A registered sex offender shall be prohibited from becoming a permanent or temporary resident in any residential exclusion zone. (Ord. 09-5 § 3, 5/12/09)

11.74.030 Registered sex offender prohibition—Single-family and multifamily dwellings.

A.    Same Dwelling. A registered sex offender shall be prohibited from renting or otherwise occupying a single family dwelling or a unit in a multifamily dwelling with another registered sex offender, regardless of the permanent or temporary residential status of either registered sex offender, unless those persons are legally related by blood, marriage, or adoption.

B.    Multiple Dwellings. A registered sex offender shall be prohibited from renting or otherwise occupying any single-family dwelling or any unit in a multifamily dwelling as a temporary resident. (Ord. 09-5 § 4, 5/12/09)

11.74.040 Registered sex offender prohibition—Hotels.

A.    Same Hotel Room. A registered sex offender shall be prohibited from renting or otherwise occupying the same guest room in a hotel with another registered sex offender, regardless of the permanent or temporary residential status of either registered sex offender, unless those persons are legally related by blood, marriage, or adoption.

B.    Separate Hotel Rooms. A registered sex offender shall be prohibited from renting or otherwise occupying a guest room in a hotel room as a permanent resident if there is another guest room in the hotel that is already rented or otherwise occupied by a registered sex offender as a permanent resident, unless those persons are legally related by blood, marriage, or adoption. (Ord. 09-5 § 5, 5/12/09)

11.74.050 Eviction requirements.

If, in order to comply with Section 11.74.030 or 11.74.040, a responsible party is required to terminate a registered sex offender’s tenancy or other occupancy, the responsible party shall comply with all applicable state law procedures and requirements governing the eviction of tenants of real property. If, in accordance with these procedures and requirements, a court determines that such termination is improper, the responsible party shall not be in violation of this Chapter 11.74 by allowing the registered sex offender to remain as a tenant or other occupant. (Ord. 09-5 § 6, 5/12/09)

11.74.060 Penalty—Enforcement.

Notwithstanding any other penalty provided by this code or otherwise by law, any person who violates this Chapter 11.74 shall be guilty of a misdemeanor and, in addition, the City may enforce the violation by means of a civil enforcement through a restraining order, a preliminary or permanent injunction, or by other means available by law. (Ord. 09-5 § 7, 5/12/09)

11.74.070 Applicability.

The provisions of this chapter shall not apply to:

A.    Tenancies or other occupancies which commenced prior to the effective date of the ordinance codified in this chapter, or the renewals of any such tenancies or occupancies; or

B.    A registered sex offender who committed the offense resulting in such registration prior to the effective date of the ordinance codified in this chapter. (Ord. 09-5 § 8, 5/12/09)