Menifee Municipal Code Ch. 11.26 Sex Offender Residency Regulations

The purpose of this chapter is to restrict the residency of sex offenders to a further extent than that specified in Cal. Penal Code § 3003.5(a) and (b).

(Ord. 2014-159, passed 10-1-2014)

This chapter is adopted pursuant to Cal. Penal Code § 3003.5(c) which authorizes local jurisdictions to enact ordinances that further restrict the residency of sex offenders.

(Ord. 2014-159, passed 10-1-2014)

This chapter shall apply to sex offenders released from custody for any criminal offense on or after the effective date of this chapter.

(Ord. 2014-159, passed 10-1-2014)

For purposes of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

BUILDING. A structure supported by columns or walls that is more or less permanently located on the ground or affixed to something permanently located on the ground, including a mobile home or manufactured home.

(B) DWELLING. A building, or portion thereof, designed or occupied for residential purposes, including a building used to house a single family or two or more families, but not including a transient occupancy facility or a state-licensed residential care facility serving six or fewer persons in the limited circumstance described in § 11.26.050(A).

KNOWINGLY. With knowledge of the existence of the facts in question. Knowledge of the unlawfulness of any act or omission is not required.

PROPERTY OWNER. The person designated on the latest equalized city assessment roll as the owner of the parcel in question, or the holder of a subsequently recorded deed to the parcel in question, including, but not limited to, a part owner, joint owner, joint tenant or tenant in common of the whole or any part of the parcel in question. PROPERTY OWNER shall include any person or entity authorized by the property owner to act on his or her behalf.

RELEASED FROM CUSTODY. Released on parole, probation or otherwise following conviction.

RELATED BY BLOOD, MARRIAGE OR ADOPTION. Consanguinity, affinity or adoption within the fourth degree. RESIDE. Occupy for any period of time pursuant to a legal right obtained as of a certain date.

SEX OFFENDER. A person required to register pursuant to Cal. Penal Code § 290.

STATE-LICENSED RESIDENTIAL CARE FACILITY. A facility licensed by the State of California to provide residential care services, including those facilities described in Cal. Health and Safety Code §§ 1250 et seq., 1500 et seq., 1568.01 et seq., 1569 et seq., 1760 et seq., and 11834.20 et seq. and those facilities described in Cal. Welfare and Institutions Code § 5116.

TRANSIENT OCCUPANCY FACILITY. A building, or portion thereof, designed or occupied for temporary residential purposes, typically for a period of not more than 30 days, including, but not limited to, a hotel, motel or inn.

(Ord. 2014-159, passed 10-1-2014)

A sex offender shall not do any of the following:

(A) Reside in a dwelling if a sex offender already resides there, unless the sex offenders are legally related by blood, marriage or adoption. Notwithstanding this prohibition, a sex offender on parole, may, during the period of parole, reside in a state-licensed residential care facility serving six or fewer persons even if the facility is already occupied by a sex offender. As provided in Cal. Penal Code § 3003.5(a), a state-licensed residential care facility shall not be considered a dwelling in this limited circumstance. In determining whether a state-licensed

residential care facility serves six or fewer persons, the licensee, members of the licensee's family and persons employed as facility staff shall not be counted.

(B) Reside in a room in a transient occupancy facility if a sex offender already resides there, unless the sex offenders are legally related by blood, marriage or adoption.

(C) Reside in a transient occupancy facility if sex offenders already reside in 10% of the facility, or they already reside in more than six rooms, whichever is less.

(Ord. 2014-159, passed 10-1-2014)

A property owner shall not do any of the following:

(A) Knowingly rent or lease a dwelling to more than one sex offender, unless the sex offenders are legally related by blood, marriage or adoption. Notwithstanding this prohibition, a property owner may, for the reasons set forth in § 11.26.050(A), rent or lease space to a sex offender on parole, during the period of parole, in a state-licensed residential care facility serving six or fewer persons, even if the facility is already occupied by a sex offender.

(B) Knowingly rent or lease a room in a transient occupancy facility to more than one sex offender, unless the sex offenders are legally related by blood, marriage or adoption.

(C) Knowingly rent or lease a room in a transient occupancy facility to a sex offender if sex offenders already reside in 10% of the facility, or they already reside in more than six rooms, whichever is less.

(Ord. 2014-159, passed 10-1-2014)

Any person violating any provision of this chapter shall be deemed guilty of a misdemeanor offense and punished by a fine not exceeding $1,000 or six months in jail, or both. Such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued, or permitted. The penalties herein are in addition to any other remedies provided by law and the imposition of any penalty herein shall not relieve a person of the obligation to correct the violation or prevent the city from commencing any proceeding to ensure that the violation is corrected.

(Ord. 2014-159, passed 10-1-2014)

Any person violating any provision of this chapter shall be subject to a civil enforcement action filed by the city in any court of competent jurisdiction and shall be subject to reasonable abatement costs, costs of suit and attorney's fees incurred by the city.

(Ord. 2014-159, passed 10-1-2014)

The Chief of Police, District Attorney, City Attorney and Director of Code Enforcement shall enforce the provisions of this chapter.

(Ord. 2014-159, passed 10-1-2014)