Chapter 9.10 — REGISTERED SEX OFFENDER RESTRICTIONS

Of the known number of registered sex offenders residing in the City, a large portion of them have convictions involving minors. Uncontroverted statistical data shows that a majority of the victims of sexual offenses are under the age of 18. It also shows that the recidivism rate of convicted sex offenders is nearly half. In addition, City hotels and motels have been known to become over-concentrated with registered sex offenders. This situation may have a deleterious effect on adjacent properties and create a trap for unwary travelers who do not have access to information provided under Megan's Law. It is the intent of this chapter to further protect children from the dangers posed by registered sex offenders convicted of offenses against minors, to prevent the over-concentration of sex offenders occupying hotels and motels and to provide current and prospective guests with notice regarding the presence of a registered sex offender staying at the hotel or motel. The following regulations impose reasonable time, place and manner regulations on loitering and are rationally related to advance the City's interest in protecting children and the general public.

(Ord. 16-08; Ord. 3-14, 2014)

For purposes of this chapter the following definitions shall apply:

"Child" or "children" means any person(s) under the age of 18 years of age.

"Hotel" or "motel" means a commercial or residential building containing six or more guest rooms or suites, designed or used to be rented for primarily temporary or transient occupancy by guests for dwelling, lodging or sleeping purposes, for a period of not more than 30 consecutive days.

"Owner, operator" or "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 a property.

"Permanent resident" means any person who occupies a hotel or motel for more than 30 consecutive days.

"Sex offender" means any person for whom registration is required pursuant to Section 290 of the California Penal Code, regardless of whether that person is on parole or probation, and has been convicted of an offense against a child.

"Temporary resident" means any person who occupies a hotel or motel for a period of 30 days or less.

(Ord. 16-08; Ord. 3-14, 2014)

• A. No sex offender shall be a permanent or temporary resident in any guest room of a hotel or motel already occupied by a sex offender, unless those persons are legally related by blood,

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City of Orange, CA

PUBLIC PEACE, MORALS AND WELFARE

§ 9.10.040

§ 9.10.050

marriage or adoption.

• B. No sex offender shall be a permanent or temporary resident in any guest room of a hotel or motel where two separate and distinct guest rooms are already occupied by sex offenders as permanent or temporary residents.

• C. No owner, operator or authorized agent thereof shall knowingly rent a guest room in a hotel or motel to more than one sex offender, unless those persons are legally related by blood, marriage or adoption.

• D. No owner, operator or authorized agent thereof shall knowingly rent a guest room in a hotel or motel to a sex offender when two separate and distinct guest rooms are already occupied by sex offenders.

• E. Within 24 hours of written notification by the City of Orange Police Department, any hotel or motel owner, operator or authorized agent thereof, must post a conspicuous notice at the registration desk which notifies current and or potential guests that a sex offender is currently occupying a guest room as a permanent or temporary resident.

• (Ord. 16-08; Ord. 3-14, 2014)

• A. Any sex offender, as defined herein, shall be required, between 12:00 a.m. and 11:59 p.m., on October 31st of each year to do the following:

  1. Leave all exterior residential, decorative and ornamental lighting off during the evening hours starting at 5:00 p.m. until midnight, the next day; and

  2. Refrain from decorating his or her residence with Halloween decorations; and

3. Refrain from answering the door to children who are trick or treating.

(Ord. 3-10, 2010; Ord. 10-13, 2013; Ord. 3-14, 2014)

Any person violating the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of $1,000.00 and/or imprisonment in the Orange County Jail for a term not exceeding six months.

(Ord. 16-08; Ord. 3-14, 2014)

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City of Orange, CA § 9.11.010

PUBLIC PEACE, MORALS AND WELFARE

§ 9.11.030