Commerce Municipal Code Ch. 9.09 Resident Activity Card Requirements; Penalties for Fraudulently Obtained…

The city council finds that, at times, the city resident activity cards have been obtained based on fraudulent representations to the city's parks and recreation department staff. The resident activity cards are intended to benefit the city's residents and provide access to a number of programs that are paid for, in whole or in part, by the city. The use of fraud by individuals that are not qualified to obtain the resident activity cards prevents other qualified individuals from participating in certain city programs and undermines the purpose of the resident activity card program. The city council finds that it is in the best interests of the public peace, health, safety, or general welfare of the city, as well as in fairness to its citizens, that the city specifically identify the qualifications for the issuance of the resident activity cards and impose penalties on those persons that are found to have fraudulently obtained a resident activity card or who have assisted another person in fraudulently obtaining a resident activity card.

(Ord. No. 632, § 1, 1-4-2011)

As used in this chapter, the following terms are defined as:

(1) "Resident" shall mean a person who resides full-time in a residential unit located within the City of Commerce.

(2) "Residential unit" shall mean a house, apartment or condominium located within the City of Commerce. A hotel or a motel is not considered to be a residential unit for purposes of this chapter.

(Ord. No. 632, § 1, 1-4-2011)

(a) Adults, eighteen years or older, who are residents of the City of Commerce, may obtain a resident activity card by presenting: (1) a current California identification, a current California driver's license, a United States passport, or a consulate identification; and (2) a current utility bill or three forms of monthly billings with a corresponding address for a residential unit. Acceptable monthly bills may include one of the following with a city residential unit address: a bill for wireless or Internet service; a credit card bill; a pay check stub; Medi-Cal documents; Social Security documents; TANF; child support documents; delinquent bill collection notices; car insurance documentation; college registration documentation; student loan statements; vehicle payment or registration documents; or any other bills considered to be reliable indicators of resident status by the director of the parks and recreation department.

(b) Adults between the ages of eighteen to twenty-seven who live with their parents may obtain a resident activity card by providing: a current California driver's license; a current utility bill for their parent(s)' city residential unit or three forms of monthly billings for their parent(s)' city residential unit; and, the parent(s)' current resident activity card and any form of identification for the parent allowed under subsection (a) above. Such adult children may be exempt from the full-time residency requirement if their parent(s) have qualified for a resident activity card under subsection (a) above and they can establish that their part-time residence is due to their attendance at an educational institution outside of the City of Commerce.

(c) Children may obtain a resident activity card once the child's parent(s) have satisfied the adult resident requirements in subsection (a) above and a copy of the child's birth certificate is provided. Children under the age of eighteen are exempt from the full-time residency requirement if their part-time residency is due to one of the following reasons: (1) the child's resident parent has joint custody of the child with another parent who is not a resident of the City of Commerce; (2) the child is attending an educational institution outside of the City of Commerce; or (3) the child's part-time residency is a result of unavoidable economic or social factors.

(d) A non-resident grandchild of a city resident may obtain a resident activity card if: (1) the grandchild is eighteen years or younger; (2) the grandparent(s) qualify for a resident activity card under the provisions of subsection (a) above; (3) the grandparent(s) has provided proof of the grandparent-grandchild relationship that is deemed satisfactory by the director of the parks and recreation department; and (4) a copy of the grandchild's original birth certificate is provided.

(e) City of Commerce employees who are not residents may obtain an employee family activity card for the employee and members of their immediate family that live in the same household as the city employee. Employees are required to provide proof of their city employment and proof that the immediate family members reside with them in the same household.

(f) Fees required to be paid (if any) for the resident activity card or employee family activity will be established by resolution of the city council.

(Ord. No. 632, § 1, 1-4-2011)

(a) It shall be unlawful for any person to allow another person use of his/her city residence address for the purpose of qualifying that person or his or her child or grandchildren for a resident activity card.

(b) It shall be unlawful for any person to knowingly obtain, provide, sell, transfer or lend to any other person any document, such as a residence utility bill, for the purpose of assisting such other person to falsely claim residence in the city in order to qualify for a resident activity card.

(c) The city shall revoke for a period of one year, all resident activity cards held by any person who is found by the director of parks and recreation to have violated the provisions of subsections (a) or (b) of this Section 9.09.040 as well all resident activity cards held by any person that has used the violator's residence as a basis for qualifying for a resident activity card.

(d) Any person who is found by the director of parks and recreation to have violated subsection (a) or (b) of this Section 9.09.040 may be required to re-pay the city for value of the services and participation in the city programs provided as a result of such violations.

(e) The provisions of this statute shall not preclude prosecution under any other provision of the Commerce Municipal Code or any other applicable statute or law.

(Ord. No. 632, § 1, 1-4-2011)

(a) The director of the parks and recreation department shall provide notice to any person found to be in violation of Section 9.09.040. Such notice shall explain the basis for the director's conclusion that a violation has occurred and state that a hearing to present any evidence or argument challenging the director's determination shall be available if a written request for such a hearing is received by the city administrator within ten calendar days of the date that the notice is mailed.

(b) If a written request for such a hearing is received by the city administrator within ten calendar days of the date that the notice is mailed, the city administrator or his or her designee shall conduct a hearing within thirty calendar days after receipt of the written request, at a date set by the city administrator. Written notice shall be mailed to the requestor at least ten calendar days in advance of the hearing. The decision of the city administrator or his or her designee shall be final.

(Ord. No. 632, § 1, 1-4-2011)