Fresno County Municipal Code Ch. 10.80 Prevention of Contribution to Over Concentration of Sex Offenders In…

This Chapter is enacted pursuant to the County's plenary police powers under California Constitution, Article XI, Section 7, to protect public safety and welfare. The express purpose of this Chapter is to protect public safety and welfare by preventing property owners and responsible parties for single family dwellings from contributing to the over concentration of sex offenders in unincorporated areas of Fresno County.

(Ord. No. 26-001, § 1, 1-6-2026)

For purposes of this Chapter, the following definitions apply.

A. "Knowingly" means with knowledge of the existence of the facts in question. Knowledge of the unlawfulness of any act or omission is not required.

B. "Owner's Authorized Agent" means any natural person, firm, association, joint venture, joint stock company, partnership, organization, club, company, corporation, business trust or the manager, lessee, agent, servant, officer or employee authorized to act for the owner of real property.

C. "Occupy or "Reside" means to live in a dwelling, including, but not limited to, eating meals in the dwelling, sleeping in the dwelling, keeping one's possessions in the dwelling, and receiving mail and services in the dwelling.

D. "Permanent Resident" means any person who, as of a given date, occupies or resides in a Single Family Dwelling for a period of more than thirty (30) consecutive days.

E. "Property Owner" means 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 a part of such real property.

F. "Responsible Party" means the Property Owner and/or the Owner's Authorized Agent.

G. "Sex Offender" means any person convicted of a crime for which registration is required pursuant to Section 290 of the California Penal Code.

H. "Single Family Dwelling" means a building designed for permanent residency located on a single lot. Single Family Dwelling shall include a mobile home or manufactured home. For purposes of this Chapter, Single Family Dwelling includes the primary dwelling itself, as well as the entire parcel, including any outbuildings, trailers, recreational vehicles, tents, accessory dwelling units, garages, cellars, porches, and outdoor areas. "Single Family Dwelling" shall not include a residential facility which serves six or fewer persons.

I. "Temporary Resident" means any person who, as of a given date, occupies or resides in a Single Family Dwelling for a period of thirty (30) consecutive days or less.

(Ord. No. 26-001, § 1, 1-6-2026)

A. A Responsible Party shall be prohibited from knowingly renting, leasing, or allowing more than six Sex Offenders to occupy or reside in a Single Family Dwelling, unless those persons are legally related by blood, marriage, or adoption.

B. A Responsible Party shall not allow more than six beds to be in a Single Family Dwelling that is occupied by one or more Sex Offenders in the unincorporated area of Fresno County. This prohibition shall not apply to a family of persons related by blood, adoption, or marriage living in a Single Family Dwelling.

C. A Responsible Party shall not allow more than six persons unrelated by blood, marriage, or adoption to live in a Single Family Dwelling that is occupied by one or more Sex Offenders in the unincorporated area of Fresno County.

(Ord. No. 26-001, § 1, 1-6-2026)

A. Any person who violates section 10.80.030 is guilty of a misdemeanor and upon conviction thereof may be punished by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the County Jail for a period of not more than six (6) months, or by both such fine and imprisonment. This section shall not serve to limit any other legal remedies or actions that the County may have to address violations of section 10.80.030.

B. Administrative Citation. The County may, at its discretion, issue an administrative citation for each violation of section 10.80.030. The administrative penalty to be assessed for each violation of section 10.80.030 shall be as follows: (i) First violation, up to ten thousand dollars ($10,000.00); (ii) Second occurrence of the same violation within one year of the first violation, up to twenty thousand dollars ($20,000.00); (iii) Third or subsequent occurrence of the same violation within one year of the first violation, up to fifty thousand dollars ($50,000.00).

C. Injunctive Relief. In addition, the County Counsel may institute a civil action to ensure compliance with section 10.80.030, including an action for injunctive relief and/or to recover damages incurred as a result of any violation.

D. Business License Revocation. A violation of this Chapter is also grounds for a revocation of a business license, if applicable, pursuant to Title 6 of the Ordinance Code of the County of Fresno.

E. Private Right of Action. Any aggrieved person may enforce the provisions of this Chapter by means of a civil lawsuit. In addition to any other available remedy, any person who violates the provisions of this Chapter shall be liable for treble the actual damages with regard to each and every such violation, and shall be liable for reasonable attorneys' fees and costs of litigation. In addition, a jury or a court may award punitive damages where warranted.

(Ord. No. 26-001, § 1, 1-6-2026)

If any section, paragraph, sentence, clause, phrase or portion of this article is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed severable, and such holding shall not affect the validity of the remaining portions hereof. The Board of Supervisors hereby declares that it would have adopted this article irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed, and the balance of the article be enforced.

(Ord. No. 26-001, § 1, 1-6-2026)