Compton Municipal Code § 7-7 Immorality

[Ord. #856, § 4400]

No person shall write, compose, stereotype, print, publish, sell, distribute, keep for sale, or exhibit any obscene or indecent writing, paper or book; or design, copy, draw, engrave, paint or otherwise prepare any obscene or indecent picture or print; or mold, cut, cast, or otherwise make any obscene or indecent figure.

[Ord. #2241]

a. Register Required. Every person conducting any motel, hotel or lodging house in the City shall at all times keep and maintain therein a register, in which shall be inscribed with ink or indelible pencil, the name, and complete residence address of each guest or person renting or occupying a room therein. Such register shall be signed by each person renting or occupying a room, and the proprietor or the proprietor's agent of such motel, hotel, or lodging house, shall thereupon write opposite such name or names so registered the number of each room assigned to or occupied by such guest or occupant, together with the time when such room is rented; and until all of such entries shall have been made in such register, no such person shall be suffered or permitted to occupy any room in such motel, hotel, or lodging house. When the occupant or occupants of each room so rented shall quit and surrender the same, it shall be the further duty of the proprietor or proprietor's agent to enter the time thereof in such register opposite the name of such occupant or occupants. Such register shall be preserved for at least three years after it is filled with registrations or after the discontinuance of its use as a register.

b. Alterations, Inspection of Register. It shall be unlawful to erase a name or names or address or addresses or to permit such an erasure or to otherwise alter any entry on the register required by Compton Municipal Code Subsection 7-7.2 made for any purpose. Such register shall be at all times open to the inspection of any duly authorized representative of the City.

c. Registering Under Fictitious Name Prohibited. No person shall write or cause to be written or knowingly permit to be written in any register in any motel, lodging house or hotel, any name or designation other than the true name of the person registering therein, or the name by which such person is generally known.

d. Repeated Use Prohibited. No person conducting any motel, hotel or lodging house shall permit more than one rental or occupancy of any room in said hotel, motel, or lodging house to commence between the hours of 6:00 a.m. of one day and 6:00 a.m. of the following day.

e. Hourly Rates Prohibited. No person or agent of such person conducting any hotel, motel or other lodging house shall let any room for sleeping or lodging purposes for hourly or other short-term rates (less that 24 hours) or in any way advertise that any room is available at hourly or other short-time rate.

f. Subletting Prohibited. No person hiring a room in any hotel, motel, or other lodging house in the City shall rent or sublet said room to any other person.

[Ord. #2124, § 1]

It is hereby declared to be the policy of the City that the existence of prostitution is a public nuisance and creates a visible negative impact on the community. Prostitution is detrimental to the health, safety and welfare of the citizenry and in the public interest shall be prohibited.

[Ord. #2124, § 1]

For purposes of this section, the following definitions apply:

a. COMMIT PROSTITUTION – Shall mean to engage in sexual conduct for money or other consideration, but does not include sexual conduct engaged in as part of any stage performance, play, or other entertainment open to the public.

b. PUBLIC PLACE – Shall mean an area open to the public, or an alley, plaza, park driveway, or a parking lot, or an automobile, whether moving or not, or a building open to the general public, including one which serves food or drink, or provides entertainment, or the doorways and entrances to a building or dwelling, or the grounds enclosing a building or dwelling.

c. LOITER – Shall mean to delay or linger without a lawful purpose for being on the property and for the purpose of committing a crime as opportunity may be discovered.

d. CITY ATTORNEY – Shall mean the City Attorney for the City of Compton or a duly authorized Deputy City Attorney.

[Ord. #2124, § 1]

Any person who solicits or agrees to engage in an act of prostitution is in violation of this section. A person agrees to engage in an act of prostitution when, with specific intent to so engage, he or she manifests an acceptance of an offer or solicitation to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in prostitution. An agreement to engage in an act of prostitution shall not constitute a violation of this section unless some act, in addition to the agreement, is done within this City in furtherance of the commission of an act of prostitution by the person agreeing to engage in that act.

[Ord. #2124, § 1]

a. It is unlawful for any person to loiter in any public place with the intent to commit prostitution. This intent is evidenced by acting in a manner and under the circumstances, which openly demonstrate the purpose of inducing, enticing, or soliciting prostitution, or procuring another to commit prostitution.

b. Among the circumstances that may be considered in determining whether a person loiters with the intent to commit prostitution are if the person:

1. Repeatedly beckons to, stops, engages in conversations with, or attempts to stop or engage in conservations with passersby, indicative to soliciting for prostitution.

2. Repeatedly stops or attempts to stop motor vehicles by hailing the drivers, waving arms, or making any other bodily gestures, or engages or attempts to engage the drivers or passengers of the motor vehicles in conversation, indicative of soliciting for prostitution.

3. Has been convicted of violating this section, Subsection 7-7.5 or California Penal Code subdivision (a) or (b) of § 647, or any other offense relating to or involving prostitution, within five years of the arrest under this section.

4. Circles an area in a motor vehicle and repeatedly beckons to, contacts, or attempts to contact or stop pedestrians or other motorist, indicative of soliciting for prostitution.

5. Has engaged, within six months prior to the arrest under this section, in any behavior described in this paragraph, with the exception of Paragraph 3, or in any other behavior indicative of prostitution activity.

c. The list of circumstances set forth in Paragraph b is not exclusive. The circumstances set forth in Paragraph b should be considered particularly salient if they occur in an area that is known for prostitution activity. Any other relevant circumstances may be considered in determining whether a person has the requisite intent. Moreover, no one circumstance or combination of circumstances is in itself determinative of intent. Intent must be determined based on an evaluation of the particular circumstances of each case.

[Ord. #2124, § 1]

a. It is unlawful for any person to do either of the following:

1. Direct, supervise, recruit, or otherwise aid another person in the commission of a violation of Subsection 7-7.5 or 7-7.6a.

2. Collect or receive all or part of the proceeds earned from an act or acts of prostitution committed by another person in violation of Subsection 7-7.5.

b. Among the circumstances that may be considered in determining whether a person is in violation of Subsection 7-7.7a are that the person does the following:

1. Repeatedly speaks or communicates with another person who is acting in violation of Subsection 7-7.6a.

2. Repeatedly or continuously monitors or watches another person who is acting in violation of Subsection 7-7.6a.

3. Repeatedly engages or attempts to engage in conversation with pedestrians or motorists to solicit, arrange, or facilitate an act of prostitution between pedestrians or motorists and another person who is acting in violation of Subsection 7-7.6a.

4. Repeatedly stops or attempts to stop pedestrians or motorists to solicit, arrange, or facilitate an act of prostitution between pedestrians or motorists and another person who is acting in violation of Subsection 7-7.6a.

5. Circles an area in a motor vehicle and repeatedly beckons to, contacts, or attempts to contact or stop pedestrians or other motorists to solicit, arrange, or facilitate an act of prostitution between the pedestrian or motorists and another person who is acting in violation of Subsection 7-7.6a.

6. Receives or appears to receive money from another person who is acting in violation of Subsection 7-7.6a.

7. Engages in any of the behavior described in Paragraphs 1 to 6, inclusive, in regard to or on behalf of two or more persons who are in violation of Subsection 7-7.6a.

8. Has been convicted of violating this section, subdivision (a) or (b) of California Penal Code § 647, subdivision (a) of California Penal Code §§ 653.22, 266(h), or 266(i), or any other offense relating to or involving prostitution within five years of the arrest under this subsection.

9. Has engaged, within six months prior to the arrest under Paragraph a, in any behavior described in Subsections 7-7.5, 7-7.6 and 7-7.7, with the exception of Paragraph a8 of Subsection 7-7.7, or in any other behavior indicative of prostitution activity.

c. The list of circumstances set forth in Subsection 7-7.7b is not exclusive. The circumstances set forth in Subsection 7-7.7b should be considered particularly salient if they occur in an area that is known for prostitution activity. Any other relevant circumstances may be considered. Moreover, no one circumstance or combination of circumstances is in itself determinative. A violation of Subsection 7-7.7a shall be determined based on an evaluation of the particular circumstances in each case.

d. Nothing in this subsection shall preclude the prosecution of a suspect for a violation of California Penal Code §§ 266h or 266i or for any other offense, or for a violation of this section in conjunction with a violation of California Penal Code §§ 266h or 266i or any other offense.

[Ord. #2124, § 1]

a. In any accusatory pleading charging a violation of Subsection 7-7.5, Subsection 7-7.6 or California Penal Code § 647(b), if the defendant has been once previously convicted of a violation of one of these subsections, the previous conviction may be charged in the accusatory pleading. If the previous conviction is found to be true by the jury, upon a jury trial, or by the court, upon a court trial, or is admitted by the defendant, the defendant shall be imprisoned in a county jail for a period of not less than 45 days and shall not be eligible for release upon completion of sentence, on probation, on parole, on work furlough or work release, or on any other basis until he or she has served a period of not less than 45 days in a county jail. In all cases in which probation is granted, the court shall require as a condition thereof that the person be confined in a county jail for at least 45 days. In no event does the court have the power to absolve a person who violates this paragraph from the obligation of spending at least 45 days in confinement in a county jail.

b. In any accusatory pleading charging a violation of Subsection 7-7.5, Subsection 7-7.6 or California Penal Code § 647(b), if the defendant has been previously convicted two or more times of a violation of one of these subsections, each of these previous convictions may be charged in the accusatory pleading. If two or more of these previous convictions are found to be true by the jury, upon a jury trial, or by the court, upon a court trial, or are admitted by the defendant, the defendant shall be imprisoned in a county jail for a period of not less than 90 days and shall not be eligible for release upon completion of sentence, on probation, on parole, on work furlough or work release, or on any other basis until he or she has served a period of not less than 90 days in a county jail. In all cases in which probation is granted, the court shall require as a condition thereof that the person be confined in a county jail for a least 90 days. In no event does the court have the power to absolve a person who violates this paragraph from the obligation of spending at least 90 days in confinement in a county jail.

c. In addition to any punishment prescribed by this subsection, a court may suspend, for not more than 30 days, the privilege of the person to operate a motor vehicle pursuant to Section 13201.5 of the Vehicle Code for any violation of Subsection 7-7.5, Subsection 7-7.6, or California Penal Code § 647(b) that was committed within 1,000 feet of a private residence and with the use of a vehicle. In lieu of the suspension, the court may order a person's privilege to operate a motor vehicle restricted, for not more than six months, to necessary travel to and from the person's place of employment or education. If driving a motor vehicle is necessary to perform the duties of the person's employment, the county may also allow the person to drive in that person's scope of employment.

[Ord. #2124, § 1]

Any case prosecuted under § 7-7 of this Code, the City Attorney may release public information regarding the case to the citizens of Compton through, but not limited to, City Council meetings, local newspapers and local cable television.

[Ord. #2217]

A vehicle used in the commission or attempted commission of an act that violates Sections 266h, 266i, or 647(b) of the California Penal Code, is declared to be a public nuisance and shall be subject to seizure and impoundment for a period of up to 30 days if the owner or operator of the vehicle has had a prior conviction for the same offense within the past three years.

[1]

Editor's Note: Former Subsection 7-7.10 through 7-7.22 previously codified herein and containing portions of Ordinance No. 2124 were repealed in their entirety by Ordinance No. 2217.

[Ord. #2217; amended 11-9-2021 by Ord. No. 2340]

a. A vehicle shall be seized and impounded pursuant to this subsection upon the occurrence of all of the following:

1. A valid arrest of the driver of a vehicle for the commission or attempted commission of an act that violates Sections 266h, 266i, or 647(b) of the California Penal Code; and

2. At the time of the arrest, the owner or operator of the vehicle has had a prior conviction for the same offense within the past three years; and

3. The vehicle presents a traffic or safety hazard.

b. Impoundment shall be for a period of up to 30 days. Any period during which a vehicle is subjected to storage pursuant to this subsection shall be included as part of the period of impoundment.

[Ord. #2217]

a. Within two working days after impoundment, the City shall send by certified mail, return receipt requested, a notice to the legal and registered owner(s) of the vehicle at the address obtained from the Department of Motor Vehicles that the vehicle has been impounded. The notice shall also inform the owner of an opportunity for a post-storage hearing to determine the validity of the storage or to determine mitigating circumstances establishing that the vehicle should be released.

b. The notice shall include all of the following information:

1. The name, address, and telephone number of the agency providing the notice;

2. The location of the place of storage and description of the vehicle that shall include, if available, the model or make, the manufacturer, the license plate number, and the mileage;

3. The authority and purpose for the removal of the vehicle; and

4. A statement that, in order to receive a post-storage hearing, the owner(s), or their agent(s), shall request the hearing in person, writing or by telephone within 10 days of the date appearing on the notice.

c. The City shall be prohibited from charging for more than five days of storage if it fails to notify the legal owner within two working days after the impoundment when the legal owner redeems the impounded vehicle.

d. The post-storage hearing shall be conducted within 48 hours of the request for hearing, excluding weekends and holidays. Failure of the legal and registered owners, or their respective agents, to request or to attend a scheduled hearing shall satisfy the post-storage hearing requirement.

e. The City may designate one of its own officers or employees to conduct the hearing if that hearing officer is not the same person who directed the seizure of the vehicle.

f. The hearing officer shall establish whether there are reasonable grounds for the storage of the vehicle and mitigating circumstances establishing that the vehicle should be released. If it is determined at the post-storage hearing that there are not reasonable grounds for the storage of the vehicle, the City shall be responsible for the costs incurred for towing and storage.

g. The City shall maintain a published telephone number that provides information 24 hours a day regarding the impoundment of vehicles and the rights of legal and registered owners to request a hearing.

[Ord. #2217]

a. A vehicle impounded pursuant to Subsection 7-7.11 shall be released to the registered owner, or the registered owner's agent, prior to the end of the impoundment period under any of the following circumstances:

1. The driver of the impounded vehicle was arrested without probable cause;

2. The vehicle is a stolen vehicle;

3. The vehicle is subject to bailment and was driven by an unlicensed employee of a business establishment including a parking service or repair garage;

4. The driver of the vehicle is not the sole registered owner of the vehicle and the vehicle is being released to another registered owner of the vehicle who agrees not to allow the driver to use the vehicle until after the end of the impoundment period;

5. The registered owner of the vehicle was neither the driver nor passenger of the vehicle at the time of the alleged violation, or was unaware that the drive was using the vehicle to engage in activities subject to Sections 266h, 266i, or 647(b) of the California Penal Code; or

6. A spouse, registered domestic partner, or other affected third party objects to the impoundment of the vehicle on the grounds that it would create a hardship if the subject vehicle is the sole vehicle in a household, and that hardship outweighs the seriousness and severity of the act in which the vehicle was used.

b. Notwithstanding any other provision of law, if a motor vehicle is released prior to the end of the impoundment period because the driver was arrested without probable cause, neither the arrested person nor the registered owner of the motor vehicle shall be responsible for the towing and storage charges.

c. Except as provided herein in Subsection 7-7.13b, the registered owner or his or her agent shall be responsible for all towing and storage charges related to the impoundment of the vehicle.

[Ord. #2217]

a. A vehicle impounded pursuant to Subsection 7-7.11 shall be released to the legal owner, or the legal owner's agent, prior to the end of the impoundment period if both the following conditions are met:

1. The legal owner is a motor vehicle dealer, bank, credit union, acceptance corporation, or other licensed financial institution legally operating in California, or is another person who is not the registered owner and holds a security interest in the vehicle; and

2. The legal owner, or the legal owner's agent, pays all of the towing and storage fees related to the seizure and impoundment of the vehicle.

b. No lien sale processing fees shall be charged to the legal owner who redeems the vehicle prior to the 15th day of the impoundment period. Neither the City, the impounding agency, nor any person having possession of the vehicle shall collect from the legal owner as described in Subsection 7-7.14a1 of this section, or the legal owner's agent, any administrative charges imposed pursuant to Section 22850.5 of the California Vehicle Code, unless the legal owner voluntarily requested a post-storage hearing.

c. The legal owner, or the legal owner's agent, shall present the following documentation to the City, its law enforcement agency, impounding agency, person in possession of the vehicle, or any person acting on behalf of those agencies:

1. A copy of the assignment as defined in subdivision (b) of Section 7500.1 of the Business and Professions Code;

2. A release of liability from the City of Compton (if required by the City);

3. A government-issued photographic identification card; and

4. Any one of the following as determined by the legal owner or the legal owner's agent:

(a) A certificate of repossession for the vehicle;

(b) A security agreement for the vehicle; or

(c) Title (whether or not paperless or electronic) showing proof of legal ownership for the vehicle.

d. Any documents presented may be originals, photocopies, or facsimile copies, or may be transmitted electronically. The City, its law enforcement agency, impounding agency, or any person acting on behalf of those agencies shall not require any documents to be notarized.

e. Agent of Legal Owner. The City, its law enforcement agency (including Code Enforcement), or any person acting on behalf of these agencies may require the agent of the legal owner to produce a photocopy or facsimile copy of its repossession agency license or registration issued pursuant to Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code, or to demonstrate, to the satisfaction of the City, its law enforcement agency (including Code Enforcement), or any person acting on behalf of those agencies that the agent is exempt from licensure pursuant to Section 7500.2 or 7500.3 of the Business and Professions Code.

f. A city, county, city and county, or state agency shall not require a legal owner or a legal owner's agent to request a post-storage hearing as a requirement for release of the vehicle to the legal owner or the legal owner's agent.

g. The City, its law enforcement agency, the impounding agency, another governmental agency, or any person acting on behalf of those agencies shall not require any documents other than those specified in Subsection 7-7.14c for the release of the vehicle. The legal owner or the legal owner's agent shall be given a copy of any documents he or she is required to sign, except for a vehicle evidentiary hold log book.

h. The City, its law enforcement agency, the impounding agency, or any person acting on behalf of these agencies, or any person in possession of the vehicle may photocopy and retain the copies of any documents presented by the legal owner or legal owner's agent.

i. The legal owner shall indemnify and hold harmless a storage facility from any claims arising out of the release of the vehicle to the legal owner or the legal owner's agent and from any damage to the vehicle after its release including the reasonable costs associated with defending any such claims.

j. The legal owner, who meets the requirements for release of a vehicle pursuant to Subsection 7-7.14a, or the legal owner's agent, shall not release the vehicle to the registered owner of the vehicle, or the registered owner's agent (unless the registered owner is a rental car agency) until after the termination of the impoundment period.

k. Prior to relinquishing the vehicle to the registered owner, the legal owner may require the registered owner to pay all towing and storage charges related to the seizure and impoundment of the vehicle.

[Ord. #2217]

a. A vehicle seized and impounded pursuant to Subsection 7-7.11 shall be released to a rental car agency prior to the end of the impoundment period if:

1. The agency is either the legal owner or registered owner of the vehicle; and

2. The agency pays all towing and storage fees related to the seizure and impoundment of the vehicle.

b. The rental car agency may continue to rent the vehicle upon recovery of the vehicle. The rental car agency, however, shall not rent another vehicle to the driver of the vehicle that was seized until the impoundment period has expired.

c. The rental car agency may require the person to whom the vehicle was rented to pay all towing and storage charges related to the seizure and impoundment of the vehicle.

[Ord. #2217]

a. A person operating or in charge of a storage facility where vehicles are stored pursuant to Subsection 7-7.11 shall accept a valid bank credit card or cash for payment of towing, storage and related fees by a legal or registered owner, or the owner's agent, claiming the vehicle. A credit or debit card shall be in the name of the person presenting the card. For purposes of this subsection, "credit card" is defined as in Subsection (a) or Section 1747.02 of the Civil Code and does not include a credit card issued by a retail seller.

b. A person operating or in charge of a storage facility, as described in Subsection 7-7.16(a), who violates Subsection 7-7.16a shall be civilly liable to the owner of the vehicle or the person who tendered the fees for four times the amount of the towing, storage and related fees.

c. A person operating or in charge of a storage facility, as described in Subsection 7-7.16a, shall have sufficient funds on the premises of the primary storage facility during normal business hours to accommodate, and make change for, a reasonable monetary transaction.

d. Credit charges for towing and storage services shall comply with Section 1748.1 of the Civil Code. Law enforcement agencies may include the costs of providing for payment by credit when making agreements with towing companies on rates.

e. A failure by a storage facility to comply with any applicable conditions of this subsection shall not affect the right of the legal owner, or the legal owner's agent, to retrieve the vehicle if all conditions required of the legal owner, or the legal owner's agent, for the release of the vehicle are satisfied.

[Ord. #2217]

Costs and fees incurred by the City, or at the discretion of the City, pursuant to this section shall be set by resolution, or ordinance as authorized by Section 22850.5 of the California Vehicle Code.

[Ord. #2217]

This section is not the exclusive regulation or penalty for prostitution. It supplements and is in addition to the other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the City, state or any other legal entity or agency having jurisdiction.