CHAPTER 15
RESIDENCY AND LOITERING RESTRICTIONS FOR SEX OFFENDERS*
Sections:
§ 41502 Violation of Child Safety Zone.
§ 41503 Violation of Residential Exclusion Zone.
§ 41504 Sex Offender Violation – Dwellings.
§ 41505 Sex Offender Violation – Multiple Dwellings and Mobilehome Parks – Permanent Resident.
§ 41506 Sex Offender Violation – Hotel/Motel Rooms.
§ 41507 Sex Offender Violation – Hotel/Motel Rooms – Permanent Resident.
§ 41508 Responsible Party Violation – Permanent Residence.
§ 41509 Responsible Party Violation – Temporary Residence.
§ 41510 Responsible Party Violation – Hotel/Motel Rooms.
§ 41512 Criminal Penalties Do Not Satisfy Administrative or Civil Actions.
*Editor’s Note: Ordinance No. 08-1413U added this chapter as Article IV, Chapter 14. This chapter was editorially renumbered to avoid duplication.
41501 Definitions.
For purposes of this Chapter only, and unless the context clearly requires a different meaning, the words, terms and phrases set forth in this Section are defined as follows:
A. “Dwelling” as defined by CMC 9191.202.
B. “Dwelling unit” as defined by CMC 9191.214.
C. “Dwelling, single-family” as defined by CMC 9191.210.
D. “Dwelling, multiple” as defined in CMC 9191.206.
E. “Child” or “children” as defined in CMC 9191.086.
F. “Child day care” or “community day care facility” as defined in CMC 9191.090 and 9191.126.
G. “Dwelling, second unit” as defined by CMC 9191.208.
H. “Residential hotel,” “transient hotel” and “motel” as defined in CMC 9191.298, 9191.302 and 9191.402.
I. “Residential condominium” and “condominium unit” as defined in CMC 9191.162 and 9191.166.
J. “Child safety zone” shall mean any school or public place at or near which children attend or normally congregate.
K. “Loitering” shall mean to commit any act as defined in California Penal Code Section 653b.
L. “Mobilehome” as defined by CMC 9191.394.
M. “Owner’s authorized agent” shall mean any 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.
N. “Public park or playground” as defined by CMC 9191.430.
O. “Permanent residence” shall mean any occupant who, as of a given date, has either at his or her own expense or at the expense of another obtained the right of occupancy in a residential dwelling for which rent was charged and paid in advance for a minimum of one (1) month.
P. “Property owner” 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.
Q. “Residential exclusion zone” means a zone in which a sex offender is prohibited from temporarily or permanently residing, and includes those areas located in the following distances:
1. Two thousand (2,000) feet of the closest property line of the subject property to the closest property line of a public or private school or park; or
2. Three hundred (300) feet of the closest property line of the subject property to the closest property line of a child care center.
R. “Responsible party” shall mean the property owner and/or the owner’s authorized agent.
S. “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.
T. “Temporary residence” means any occupant who, for a period of less than one (1) month, either at his or her own expense or at the expense of another, obtains the right of occupancy for which rent is charged. (Ord. 08-1413U, § 5; Ord. 08-1414U, § 3; Ord. 08-1413, § 5; Ord. 15-1570, § 2)
41502 Violation of Child Safety Zone.
No sex offender shall commit any act of “loitering” in a child safety zone prohibited by California Penal Code Section 653b, which specifically provides at subsection (a) that it shall constitute a misdemeanor to “loiter about any school or public place at or near which children attend or normally congregate.” (Ord. 08-1413U, § 5; Ord. 08-1414U, § 3; Ord. 08-1413, § 5; Ord. 15-1570, § 3)
41503 Violation of Residential Exclusion Zone.
No sex offender shall permanently or temporarily reside in a residential exclusion zone. (Ord. 08-1413U, § 5; Ord. 08-1414U, § 3; Ord. 08-1413, § 5)
41504 Sex Offender Violation – Dwellings.
No sex offender shall obtain occupancy in a dwelling unit, mobilehome, a single-family dwelling, second unit dwelling, multiple dwelling, or a residential condominium unit already occupied by a sex offender, unless those persons are legally related by blood, marriage or adoption. (Ord. 08-1413U, § 5; Ord. 08-1414U, § 3; Ord. 08-1413, § 5)
41505 Sex Offender Violation – Multiple Dwellings and Mobilehome Parks – Permanent Resident.
No sex offender shall be a permanent or temporary resident in a multiple dwelling, including multiple detached units, if ten (10) percent or up to a maximum of six (6) units of the total dwelling units within the multiple dwelling are already occupied by sex offenders (“occupied units”). 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. 08-1413U, § 5; Ord. 08-1414U, § 3; Ord. 08-1413, § 5)
41506 Sex Offender Violation – Hotel/Motel Rooms.
No sex offender shall obtain occupancy in a guest room of a hotel, residential hotel, or motel already occupied by a sex offender, unless those persons are legally related by blood, marriage or adoption. (Ord. 08-1413U, § 5; Ord. 08-1414U, § 3; Ord. 08-1413, § 5)
41507 Sex Offender Violation – Hotel/Motel Rooms – Permanent Resident.
No sex offender shall be a permanent or temporary resident in a hotel, residential hotel, or motel if ten (10) percent or up to a maximum of six (6) units of the total dwelling units within the hotel, residential hotel, or motel are already occupied by sex offenders (“occupied units”). Notwithstanding the above, a sex offender may be a permanent or temporary resident of an occupied unit within a hotel, residential hotel, or motel 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. 08-1413U, § 5; Ord. 08-1414U, § 3; Ord. 08-1413, § 5)
41508 Responsible Party Violation – Permanent Residence.
No responsible party shall knowingly rent a mobilehome or dwelling unit to more than one (1) sex offender during any given period of tenancy, unless those persons are legally related by blood, marriage or adoption. (Ord. 08-1413U, § 5; Ord. 08-1414U, § 3; Ord. 08-1413, § 5)
41509 Responsible Party Violation – Temporary Residence.
No responsible party shall knowingly rent a mobilehome or dwelling unit to more than one (1) sex offender during any given period of tenancy, unless those persons are legally related by blood, marriage or adoption. (Ord. 08-1413U, § 5; Ord. 08-1414U, § 3; Ord. 08-1413, § 5)
41510 Responsible Party Violation – Hotel/Motel Rooms.
No responsible party shall knowingly exceed the number of units occupied by a sex offender subject to CMC 41507 or rent a guest room in a hotel, residential hotel, or motel to more than one (1) sex offender, unless those persons are legally related by blood, marriage or adoption. (Ord. 08-1413U, § 5; Ord. 08-1414U, § 3; Ord. 08-1413, § 5)
41511 Penalties.
Every person who fails to obey and comply with any provisions of CMC 9122.9, 9138.72 or 9182.31 or this Chapter or who violates any such provision or who causes such failure, disobedience or violation shall be deemed guilty of a misdemeanor and shall be subject to the penalties as set forth in CMC 1200. (Ord. 08-1413U, § 5; Ord. 08-1414U, § 3; Ord. 08-1413, § 5)
41512 Criminal Penalties Do Not Satisfy Administrative or Civil Actions.
Neither the arrest, prosecution, conviction, imprisonment, or payment of any fine for the violation of CMC 9122.9, 9138.72 or 9182.31 or 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. 08-1413U, § 5; Ord. 08-1414U, § 3; Ord. 08-1413, § 5)
41513 Civil Actions.
Any person required to comply with any or all of the provisions of CMC 9122.9, 9138.72 or 9182.31 or this Chapter shall be liable in an action filed by the City in any court of competent jurisdiction in order to enforce such provision and to pay such reasonable costs of the suit as the court may deem appropriate, including any and all attorney fees incurred by the City in the prosecution of said enforcement action. (Ord. 08-1413U, § 5; Ord. 08-1414U, § 3; Ord. 08-1413, § 5)