Chapter 9.40
SEX OFFENDER TIME, PLACE AND MANNER RESTRICTIONS RELATED TO HALLOWEEN

Sections:

9.40.010    Purpose.

9.40.020    Authority.

9.40.030    Application.

9.40.040    Definitions.

9.40.050    Sex offender time, place and manner restrictions related to Halloween.

9.40.060    Violations and penalties.

9.40.070    Enforcement.

9.40.080    Copy of ordinance to California Department of Corrections.

9.40.090    Copy of ordinance to registered sex offenders in city.

9.40.010 Purpose.

The purpose of this chapter is to protect children from unknowingly being in close proximity on Halloween to sexual offenders who have committed violations against others by placing reasonable time, place and manner restrictions on the residences and activities of sex offenders on Halloween. [Ord. 323 § 2, 2012.]

9.40.020 Authority.

This chapter is adopted pursuant to subdivision (c) of Penal Code Section 3003.5 which authorizes local jurisdictions to enact ordinances that further restrict the residency of sex offenders. [Ord. 323 § 2, 2012.]

9.40.030 Application.

This chapter shall apply to sex offenders released from custody for any criminal offense on or after the effective date of the ordinance codified in this chapter. [Ord. 323 § 2, 2012.]

9.40.040 Definitions.

As used in this chapter, the following terms shall have the following meanings:

A. “Dwelling” means a building, or portion thereof, designed or occupied for residential purposes, including a building used to house a single family or two or more families, but not including a transient occupancy facility or a state-licensed residential care facility serving six or fewer persons.

B. “Released from custody” means released on parole, probation or otherwise following conviction.

C. “Reside” means occupy for any period of time pursuant to a legal right obtained as of a certain date.

D. “Sex offender” means a person required to register pursuant to Penal Code Section 290.

E. “Transient occupancy facility” means a building, or portion thereof, designed or occupied for temporary residential purposes, typically for a period of not more than 30 days, including, but not limited to, a hotel, motel or inn. [Ord. 323 § 2, 2012.]

9.40.050 Sex offender time, place and manner restrictions related to Halloween.

A sex offender between 12:00 a.m. and 11:59 p.m. on October 31st shall:

A. Be prohibited from decorating the dwelling in which the sex offender resides with Halloween decorations, and shall remove any such decorations; and

B. During the evening hours starting at 4:00 p.m. until 11:59 p.m., leave all exterior residential, decorative and ornamental lighting off at the dwelling in which the sex offender resides, excluding exterior safety or security lighting; and

C. Be prohibited from answering the door of the dwelling in which the sex offender resides to children who are trick-or-treating. [Ord. 323 § 2, 2012.]

9.40.060 Violations and penalties.

Any violation of any provision of this chapter shall be subject to administrative proceedings or criminal or civil prosecution, in accordance with Chapters 1.20 and 1.30 CMC, as determined to be appropriate in the discretion of the city prosecutor. All remedies stated therein shall be cumulative and nonexclusive. [Ord. 323 § 2, 2012.]

9.40.070 Enforcement.

The sheriff, district attorney, city prosecutor and code enforcement officer shall enforce the provisions of this chapter. [Ord. 323 § 2, 2012.]

9.40.080 Copy of ordinance to California Department of Corrections.

On the effective date of the ordinance codified in this chapter, the city clerk is directed to send a copy of the ordinance codified in this chapter to the California Department of Corrections and Rehabilitation. [Ord. 323 § 2, 2012.]

9.40.090 Copy of ordinance to registered sex offenders in city.

The sheriff is directed to send copies of the ordinance codified in this chapter to any sex offender released from custody for any criminal offense on or after the effective date of the ordinance codified in this chapter who lives within the city of Calimesa. [Ord. 323 § 2, 2012.]