Chapter 9.66 — SEX OFFENDER RESIDENCY RESTRICTIONS

Editor's note— ORD-16-0014 § 1, adopted June 21, 2016, amended Ch. 9.66 in its entirety to read as herein set out. Former Ch. 9.66, §§ 9.66.010—9.66.120, pertained to similar subject matter and derived from: ORD-08-0004 § 1 (part), 2008; and ORD-08-0036 § 1, adopted Dec. 2, 2008.

For purposes of this Chapter only, and unless the context clearly requires a different meaning, the words, terms and phrases set forth in this Section are defined as follows:

A.

"Duplex" shall mean a residential land use for a building containing two (2) dwelling units.

B.

"Hotel/Motel" shall mean a commercial land use for the rental of six (6) or more guest rooms or suites for primarily temporary residency for a period of not more than thirty (30) consecutive days.

C.

"Inn" shall mean a commercial land use for the rental of five (5) or fewer guest rooms or suites primarily for temporary residency for a period of not more than thirty (30) consecutive days.

D.

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

E.

"Multi-family Dwelling" shall mean a building designed for permanent residency for three (3) or more families living independently of each other. This does not include hotels, motels, or inns.

F.

"Owner's Authorized Agent" shall mean 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.

G.

"Permanent Resident" shall mean any person who, as of a given date, obtained a legal right to occupy or reside in a Duplex, Multi-family Dwelling, Single Family Dwelling, Hotel, Motel or Inn for a period of more than thirty (30) consecutive days.

H.

"Property Owner" shall mean 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.

I.

"Responsible Party" shall mean the Property Owner and/or the Owner's Authorized Agent.

J.

"Sex Offender" means any person convicted 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.

K.

"Single Family Dwelling" means one (1) permanent residential dwelling located on a single lot. For purposes of this Chapter, Single Family Dwelling shall not include any State licensed residential facility which serves six (6) or fewer persons.

L.

"Temporary Resident" means any person who, as of a given date, obtained a legal right to occupy or reside in a Duplex, Multi-family Dwelling, Single Family Dwelling, hotel, motel or inn for a period of thirty (30) consecutive days or less.

(ORD-16-0014 § 1, 2016)

A sex offender shall be prohibited from becoming a Permanent or Temporary Resident in a Single Family Dwelling if said dwelling is already occupied by a sex offender, unless the other person is legally related by blood, marriage or adoption.

(ORD-16-0014 § 1, 2016)

A sex offender shall be prohibited from becoming a Permanent or Temporary Resident in a Duplex and/or Multi-family Dwelling unit if said dwelling unit is already occupied by a sex offender, unless the other person is legally related by blood, marriage or adoption.

(ORD-16-0014 § 1, 2016)

A sex offender shall be prohibited from becoming a Permanent or Temporary Resident in a Hotel, Motel, or Inn guest room if said guest room is already occupied by a sex offender, unless the other person is legally related by blood, marriage or adoption.

(ORD-16-0014 § 1, 2016)

A Responsible Party shall be prohibited from knowingly renting or leasing a Single Family Dwelling to more than one sex offender during any given period of tenancy, unless those persons are legally related by blood, marriage or adoption.

(ORD-16-0014 § 1, 2016)

A Responsible Party shall be prohibited from knowingly renting or leasing an individual unit within a Duplex and/or Multi-family Dwelling to more than one sex offender during any given period of tenancy, unless those persons are legally related by blood, marriage or adoption.

(ORD-16-0014 § 1, 2016)

A Responsible Party shall be prohibited from knowingly renting or leasing an individual guest room in a Hotel, Motel, or Inn to more than one (1) sex offender, unless those persons are legally related by blood, marriage or adoption.

(ORD-16-0014 § 1, 2016)

Any person who violates any provision of this Chapter is guilty of a misdemeanor subject to the penalties set forth in Section 1.32.010 of this Code.

(ORD-16-0014 § 1, 2016)

Neither the arrest, prosecution, conviction, imprisonment, or payment of a fine for a criminal violation of Chapter 9.66 shall satisfy or diminish the authority of the City to commence civil or criminal proceedings under applicable Civil, Penal or Municipal Code provisions as an alternative or in addition to the proceedings set forth in this Chapter.

(ORD-16-0014 § 1, 2016)

A.

Civil actions include, but are not limited to, injunctive relief and civil and/or administrative actions or proceedings as defined in State law and local ordinances.

B.

Any person required to comply with the provisions of this Chapter shall be liable in a civil action filed by the City in any court of competent jurisdiction in order to enforce such provision and to pay reasonable abatement costs incurred by the City and costs of the suit as a court may deem appropriate, including any and all attorney fees incurred by the City in the prosecution of said enforcement action.

(ORD-16-0014 § 1, 2016)