Cypress Municipal Code § 17-74 Offenses - Miscellaneous

Sections 17-74.1 through 17-74.10, shall be known as the "Registered Sex Offender Restrictions" Ordinance.

(Ord. No. 1132, § 1, 3-12-12)

The purpose of sections 17-74.1 through 17-74.10 is to address the following city council findings and determinations:

(a) On November 7, 2006, the voters of the state of California overwhelmingly approved Proposition 83, the "Sexual Predator Punishment and Control Act," commonly known as "Jessica's Law," so as to better protect Californians, and, in particular, to protect the state's children from sex offenders.

(b) Proposition 83, as codified at California Penal Code section 3003.5(b), prohibits any person who is required to register as a sex offender per California Penal Code section 290 et seq. (hereinafter referred to as a "registered sex offender") from residing within 2,000 feet of any public or private school, or any park where children regularly gather.

(c) California Penal Code section 3003.5(a), enacted in 1998 prior to Proposition 83, prohibits a sex offender who is on parole from residing in a "single-family dwelling" with another sex offender during his or her parole period, unless the multiple sex offenders are legally related by blood, marriage, or adoption. For purposes of this state statute, "single-family dwelling" does not include a residential facility such as a group home that serves six or fewer persons.

(d) Proposition 83, as codified at California Penal Code section 3003.5(c), authorizes local governments to enact ordinances that further restrict the residency of sex offenders.

(e) Article XI, Section 7 of the California Constitution authorizes the city to enact and enforce within its limits all local, police, sanitary and other ordinances and regulations not in conflict with general laws, which are commonly referred to as a city's "police power."

(f) California Government Code section 38773.5 authorizes the city to enact and enforce within its limits ordinances that provide for the recovery of attorneys' fees in any action, administrative proceeding or special proceeding to abate a nuisance.

(g) The City of Cypress ("city") is an attractive, largely residential community in which families and children can live, work, and play.

(h) There are many locations within the city where children frequently assemble, play or gather, including, but not limited to, public and private schools, local parks, child care centers, libraries, youth activity centers, commercial establishments focused upon providing goods or services to children, and other locations that host classes and/or group activities for children.

(i) As of the date of the adoption of the ordinance codified herein, there are approximately 36 registered sex offenders currently residing in the city.

(j) The city council is concerned with recent occurrences within the state of California wherein multiple registered sex offenders have been residing together in violation of Penal Code section 3003.5, and with the prospect of the same occurring within the city.

(k) The city council is further concerned with the high recidivism rate exhibited by sex offenders, which exceeds that exhibited by other convicted criminals, and with their dangerousness as a class. The city council is aware of studies which demonstrate that, when measured over a period of more than five years, recidivism rates among registered sex offenders as a class are high. This danger presented by sex offenders is an unacceptable risk to the health, safety and welfare of the community that requires the city's regulatory intervention.

(l) By enacting sections 17-74.1 through 17-74.10, the city intends to:

(1) Eliminate any potential conflict of land uses in residential neighborhoods and to reduce the potential dangers associated with multiple registered sex offenders living near families with children and/or in places where children frequently gather;

(2) Regulate the number of registered sex offenders permitted to reside together in multiple-family dwell-ings;

(3) Regulate the number of registered sex offenders permitted to reside together in hotels and/or motels;

(4) Protect children who use and enjoy child-oriented locations throughout the city from the dangers presented by any sex offender who might choose to reside and/or loiter near such locations.

(m) In order to foster compliance with the intent of these sections, these sections also establish regulations for property owners who rent residential facilities to registered sex offenders.

(n) These sections are required for the preservation of the public peace, health, and safety of the citizens of the city.

(o) In enacting these sections, the city does not intend to punish sex offenders for their prior illegal conduct. Rather, the purpose of this chapter is to create a regulatory and non-punitive scheme to protect children and the public health, safety and welfare for the city's residents and visitors.

(p) Nothing in this chapter shall be deemed to modify or in any way limit restrictions placed upon a sex offender by the terms and conditions of his or her parole or probation.

(Ord. No. 1132, § 1, 3-12-12; Ord. No. 1142, § 1, 1-13-14)

For purposes of sections 17-74.1 through 17-74.10, the following definitions shall apply:

"Adult"

shall mean a person 18 years and older.

"Child" or "children"

shall mean any person(s) under the age of 18 years.

"Child care center"

shall mean any state of California, Department of Social Services licensed facility that provides non-medical care on a less than 24 hour basis 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, including, but not limited to, infant center, preschool, extended-day care facility, or school-age child care center but not including a family day care home located in a residential exclusion zone.

"Dwelling"

shall mean a single-family dwelling or a multi-family dwelling. For purposes of this chapter, "dwelling" shall not include any state-licensed facility which serves six or fewer persons and is exempted under California Penal Code section 3003.5.

"Hotel"

shall mean a commercial establishment that rents guest rooms or suites to the public on a nightly, weekly, or monthly basis, and shall include a motel and an inn that operates in such capacity.

"Multi-family dwelling"

shall mean a residential structure designed for the permanent residency of two or more individuals, groups of individuals, or families living independently. This definition shall include a duplex, apartment complex, mobilehome park, and a condominium complex, but shall not include a hotel.

"Owner's authorized agent"

shall mean any natural person, firm, association, joint venture, joint stock company, partnership, organization, club, company, limited liability company, corporation, business trust, manager, lessee, servant, officer, or employee, authorized to act for the property owner.

"Park"

shall mean any indoor or outdoor areas owned, leased, controlled, maintained, or managed by a public entity, which are open to the public, where children regularly gather, and which provide recreational, cultural, and/or community service activities, including, but not limited to, playgrounds, playfields, athletic courts and any open space intended for recreational use.

"Permanent resident"

shall mean any person who, on a given date, has obtained a legal right to occupy or reside in, or has already, as of that date, occupied or resided in, a single-family or multi-family dwelling or a hotel, for more than 30 consecutive days.

"Property owner"

shall include the owner of record of real property, as recorded in the office of the county registrar-recorder/county clerk, as well as any partial owner, joint owner, tenant, tenant-in-common, or joint tenant, of such real property.

"Registerable offense"

shall mean a public offense which, upon conviction, requires the person who committed the offense to register as a sex offender pursuant to Penal Code section 290.

"Registered sex offender"

shall mean any person who has committed a "registerable offense" and is required by law to register with a governmental entity as a sex offender.

"Reside"

shall mean a temporary or permanent dwelling place, which one keeps and to which one intends to return, as opposed to a place where one rests or shelters during a trip or visit. Depending upon the circumstances, one may have a single place of residence or more than one place of residence.

"Residential exclusion zone"

shall mean any area located within 1,000 feet from the nearest property line of the subject property to the nearest property line of a child care center, public or private school (grades K through 12) or park.

"Responsible party"

shall mean a property owner and/or a property owner's authorized agent.

"School"

shall mean the buildings and grounds of any public or private school used for the education of children in kindergarten or in grades 1 through 12, inclusive.

"Single-family dwelling"

shall mean one permanent residential dwelling located on a single lot.

"Temporary resident"

shall mean any person who, on a given date, has obtained a legal right to occupy or reside in, or has already, as of that date, occupied or resided in, a single-family or multi-family dwelling or a hotel, for a period of 30 consecutive days or less.

(Ord. No. 1132, § 1, 3-12-12; Ord. No. 1142, § 2, 1-13-14; Ord. No. 1148, § 1, 7-27-15)

The 1,000 foot residential exclusion zone shall be measured in a straight line, in all directions, without regard to intervening structures, from any property line of any school, child care center or park.

(Ord. No. 1132, § 1, 3-12-12; Ord. No. 1142, § 6, 1-13-14; Ord. No. 1148, § 4, 7-27-15)

If, in order to comply with section 17-74.4(c) or 17-74.7(b), a responsible party is required to terminate a registered sex offender's tenancy or other occupancy, the responsible party shall comply with all applicable state law procedures and requirements governing the eviction of tenants of real property. If, in accordance with these procedures and requirements, a court determines that such termination is improper, the responsible party shall not be in violation of this chapter by allowing the registered sex offender to remain as a tenant or other occupant.

(Ord. No. 1132, § 1, 3-12-12)

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Editor's Note: Ordinance 1188 repealed §§ 17-74.4 and 17.74.7; references remain codified in Section 17-4.8 above.

(a) Misdemeanor. Any person violating any of the provisions of these sections shall be guilty of a misdemeanor, and, upon conviction thereof, the penalty shall be a fine of not more than $1,000 or imprisonment in jail for a period of not more than six months or by both such fine and imprisonment.

(b) Civil remedies/enforcement. The city's remedies with respect to violations of these sections, including the criminal penalty specified herein, are cumulative. Nothing in these sections shall limit the authority of the city or county to enforce a violation of these sections by means of a civil enforcement proceeding through a restraining order, a preliminary or permanent injunction, or by any other means available by law. Any civil proceeding so commenced or initiated may be an alternative to, or in addition to, a criminal or administrative proceeding initiated per this section.

(c) Nuisance—Administrative remedies. Any single-family dwelling, multi-family dwelling or hotel operated or maintained in a manner inconsistent with the requirements of sections 17-74.1 through 17-74.10 or the restrictions of California Penal Code section 3003.5 is declared to be unlawful and is defined as and declared to be a public nuisance, injurious to the public health, safety and welfare, and subject to abatement and recovery of abatement costs and expenses. Nothing in these sections shall limit the authority of the city from initiating an administrative enforcement action, or related administrative proceeding, to abate such a public nuisance. Any administrative proceeding so commenced or initiated may be an alternative to, or in addition to, a criminal or civil proceeding initiated per this section.

(d) Continuing violation. Any person who violates any provision of these sections shall be guilty of a separate offense for each and every day during any portion of which any such person commits, continues, permits, or causes a violation thereof, and shall be penalized accordingly.

(Ord. No. 1132, § 1, 3-12-12)