Irwindale Municipal Code Ch. 8.32 Sex Offender Residency and Loitering Restrictions

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Editor's note— Ord. No. 721, § 2, adopted February 28, 2018, repealed the former Chapter 8.32, §§ 8.32.010—8.32.120, and enacted a new Chapter 8.32 as set out herein. The former Chapter 8.32 pertained to similar subject matter and derived from Ord. No. 635, adopted June 10, 2009.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

"Hotel" means 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" means 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 house, and a condominium complex, but shall not include a hotel.

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

"Permanent resident" means 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 thirty 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.

"Responsible party" means a property owner and/or a property owner's authorized agent.

"Sex offender parolee" means any person who is on parole for the conviction of a crime on or after the effective date of this ordinance, for which registration is required pursuant to Section 290 of the California Penal Code.

"Single-family dwelling" means one permanent residential dwelling located on a single lot. For the purposes of this chapter, a single-family dwelling shall include any state-licensed residential facility which serves six or fewer persons.

"Temporary resident" means 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 thirty consecutive days or fewer.

(Ord. No. 721, § 2, 2-28-18)

A sex offender parolee shall be prohibited from renting or otherwise occupying a single-family dwelling or a unit in a multi-family dwelling with another sex offender parolee, regardless of the permanent or temporary residential status of either sex offender parolee, unless those persons are legally related by blood, marriage, or adoption.

(Ord. No. 721, § 2, 2-28-18)

A sex offender parolee shall be prohibited from renting or otherwise occupying the same guest room in a hotel with another sex offender parolee, regardless of the permanent or temporary residential status of either sex offender parolee, unless those persons are legally related by blood, marriage, or adoption.

(Ord. No. 721, § 2, 2-28-18)

A responsible party shall be prohibited from knowingly allowing a single-family dwelling or a unit in a multi-family dwelling to be rented or otherwise occupied by more than one sex offender parolee, regardless of the permanent or temporary residential status of either sex offender parolee during any given period of tenancy, unless those persons are legally related by blood, marriage, or adoption.

(Ord. No. 721, § 2, 2-28-18)

A responsible party shall be prohibited from knowingly allowing a guest room in a hotel to be rented or otherwise occupied by more than one sex offender parolee, regardless of the permanent or temporary residential status of either sex offender parolee, unless those persons are legally related by blood, marriage, or adoption.

(Ord. No. 721, § 2, 2-28-18)

This chapter shall apply to all sex offender parolees who establish a new residence, and to all responsible parties who allow occupancy by a sex offender parolee, within the City of Irwindale after the effective date of this ordinance.

(Ord. No. 721, § 2, 2-28-18)

Any single-family dwelling, multi-family dwelling, or hotel operated or maintained in a manner inconsistent with the occupancy requirements of this section or of the restrictions in Penal Code Section 3003.5 is declared to be unlawful and declared to be a public nuisance that is injurious to the public health, safety, and welfare.

(Ord. No. 721, § 2, 2-28-18)

A. In any civil action or proceeding, administrative proceeding, or special proceeding, including, but not limited to, those brought to abate a public nuisance, the prevailing party will be entitled to recovery of all costs, attorneys fees, and expenses, provided that attorneys fees will only be available in those actions or proceedings in which the city has provided notice at the commencement of such action or proceeding that it intends to seek and recover its own attorneys fees. In no action or proceeding will an award of attorneys fees exceed the amount of reasonable attorneys fees incurred by the city in the action or proceeding.

B. Moneys due the city pursuant to this section may be recovered in an appropriate civil action. Alternatively, such liability may be enforced by special assessment proceedings against the parcel of land upon which the nuisance existed, which proceedings must be conducted in a manner substantially similar to the proceedings prescribed by Section 8.08.110 of this code relating to assessment for abatement of property nuisances.

(Ord. No. 721, § 2, 2-28-18)

If, in order to comply with this chapter, a responsible party is required to terminate a sex offender parolee'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 section by allowing the sex offender parolee to remain as a tenant or other occupant.

(Ord. No. 721, § 2, 2-28-18)

Notwithstanding any other penalty provided by this code or otherwise by law, any person who violates this chapter shall be guilty of a misdemeanor and shall be subject to the penalties as set forth in Chapter 1.12 of this code. Neither the arrest, prosecution, conviction, imprisonment, nor payment of any fine for a violation of this chapter shall 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. No. 721, § 2, 2-28-18)