Chapter 7.76 RESIDENCY RESTRICTIONS FOR SEX OFFENDERS

Chapter 7.76
RESIDENCY RESTRICTIONS FOR SEX OFFENDERS

Sections:

7.76.010 Definitions.

7.76.020 Violation of residential exclusion zone.

7.76.030 Sex offender violation—Single-family dwellings.

7.76.040 Sex offender violation—Multifamily dwellings.

7.76.050 Sex offender violation—Duplex dwellings.

7.76.060 Sex offender violation—Hotel/motel.

7.76.070 Sex offender violation—Permanent/temporary resident hotel/motel.

7.76.080 Responsible party violation—Single-family dwellings.

7.76.090 Responsible party violation—Multifamily dwellings.

7.76.100 Responsible party violation—Multifamily dwellings multiple units.

7.76.110 Responsible party violation—Duplex dwellings.

7.76.120 Responsible party violation—Duplex dwellings multiple units.

7.76.130 Offenses constituting nuisances.

7.76.140 Nuisances—Recovery of abatement expenses.

7.76.150 Penalties.

7.76.160 Criminal penalties do not satisfy administrative or civil actions.

7.76.170 Timing of application of this chapter.

7.76.010 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 of age.

B. “Child care center” shall mean any State of California Department of Social Services licensed facility 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 the individual on less than a twenty-four-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.

C. “City” shall refer to the incorporated governmental body of the city of South Gate, California.

D. “Duplex” shall mean a residential land use for a building containing two dwelling units.

E. “Hotel” or “motel” shall mean those facilities as defined as Chapter 11.04 of the South Gate Municipal Code.

F. “Multifamily dwelling” shall mean a building designed for permanent residency for three or more families living independently of each other. This includes apartment houses and condominiums, but does not include hotels or motels.

G. “Legally related by blood” for the purposes of this chapter shall be defined as a parent, child or sibling of the sex offender.

H. “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 the property.

I. “Park” shall include those areas as defined in the South Gate Municipal Code Section 7.49.010.

J. “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 single-family dwelling, multifamily dwelling, duplex dwelling, hotel or motel for more than thirty consecutive days.

K. “Property owner” as applied to building 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.

L. “Residential exclusion zone” shall include those areas located within two thousand feet of the closest property line of the subject property to the closest property line of a child care center, any public or private school, including but not limited to, any or all of, grades K though twelve, and/or parks, in which a sex offender is prohibited from temporarily or permanently residing.

M. “Responsible party” shall mean the property owner and/or owner authorized agent.

N. “Sex offender” means one 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.

O. “Single-family dwelling” means one permanent residential dwelling located on a single lot with yard areas that separate that dwelling from other dwellings.

P. “Subject property” shall mean the property upon which a sex offender desires to reside either temporarily or permanently.

Q. “Temporary resident” means any person who, for a period of thirty days or less, obtains the right to occupy a dwelling including but not limited to a hotel or motel.