Pomona Municipal Code § 34-713 Responsible party violation; accessory

(a) This subsection (a) repealed by Ordinance No. 4203.

(b) Residency exclusions.

(1) Single-family dwelling. No sex offender shall be a permanent or temporary resident in a single-family dwelling already occupied by a sex offender, unless those persons are legally related by blood, marriage, or adoption.

(2) Multi-family dwelling. No sex offender shall be a permanent or temporary resident in a multi-family dwelling already occupied by a sex offender, unless those persons are legally related by blood, marriage, or adoption.

(3) Duplex dwelling. No sex offender shall be a permanent or temporary resident in a duplex dwelling already occupied by a sex offender, unless those persons are legally related by blood, marriage, or adoption.

(4) Multi-unit residential. No sex offender shall be a permanent or temporary resident in a duplex dwelling already occupied by a sex offender, unless those persons are legally related by blood, marriage, or adoption.

(5) Hotel/motel/inn. No sex offender shall be a permanent or temporary resident in a guest room of a hotel, motel, or inn already occupied by a sex offender, unless those persons are legally related by blood, marriage, or adoption.

(6) Hotel/motel/inn—Permanent resident. No sex offender shall be a permanent resident in any guest room of a hotel, motel or inn wherein a separate and distinct guest room is already occupied by a sex offender as a permanent resident.

(c) [Factors.] For purposes of this division, the following factors shall be considered in determining whether a location is an individual's residence:

(1) The length of time that the individual intends to occupy the location;

(2) The length of time the individual has occupied the location;

(3) The individual's ownership or leasehold interest in the location;

(4) The extent of personal property stored or maintained by the individual at the location;

(5) The extent to which the individual represents to others that the location is his or her residence;

(6) The routine performance of every-day life tasks at the location, such as eating, sleeping, cooking, bathing, and personal care;

(7) The extent to which others identify the location as the individual's residence; and

(8) The extent to which the location is utilized for voter registration, mail delivery, tax collection, and other governmental and/or commercial purposes.

(d) [Transient residency status.] Notwithstanding the foregoing, for purposes of this article, individuals maintaining "transient" residency status, changing location in order to evade declaration or determination of place of residence, or otherwise not declaring a permanent place of residence, shall be considered as having established such residence at all places within the city associated with criteria in section 34-705(b) that such person has been affiliated with on a temporary basis within the preceding 30 days.

(Ord. No. 4102, § 3, 5-5-2008; Ord. No. 4103, § 3, 5-27-2008; Ord. No. 4203, § 3, 6-1-2015)

Editor's note— Ord. No. 4203, § 4, adopted June 1, 2015, repealed § 34-706, which pertained to measurement of distance and derived from Ord. No. 4102, § 3, 5-5-2008; and Ord. No. 4103, § 3, 5-27-2008.

(a) Responsible party violation—Single-family dwellings. No responsible party shall knowingly rent a single-family dwelling to, or allow occupancy as a permanent or temporary resident by, more than one sex offender during any given period of tenancy, unless those persons are legally related by blood, marriage or adoption.

(b) Responsible party violation—Multi-family dwellings. No responsible party shall knowingly rent a unit within a multi-family dwelling to, or allow occupancy as a permanent or temporary resident by, more than one sex offender during any given period of tenancy, unless those persons are legally related by blood, marriage or adoption.

(c) Responsible party violation—Multi-family dwellings multiple units. No responsible party shall knowingly rent more than one unit within a multi-family dwelling to, or allow occupancy as a permanent or temporary resident by, more than one sex offender during any given period of tenancy.

(d) Responsible party violation—Duplex dwellings. No responsible party shall knowingly rent a unit within a duplex dwelling to, or allow occupancy as a permanent or temporary resident by, more than one sex offender during any given period of tenancy, unless those persons are legally related by blood, marriage or adoption.

(e) Responsible party violation—Duplex dwellings multiple units. No responsible party shall knowingly rent more than one unit within a duplex dwelling to or allow occupancy as a permanent or temporary resident by more than one sex offender during any given period of tenancy.

(f) Responsible party violation—Multi-unit residential. No responsible party shall knowingly rent a unit within a multi-unit residential dwelling to, or allow occupancy as a permanent or temporary resident by, more than one sex offender during any given period of tenancy, unless those persons are legally related by blood, marriage or adoption.

(g) Responsible party violation—Multi-unit residential multiple units. No responsible party shall knowingly rent more than one unit within a multi-unit residential dwelling or allow occupancy as a permanent or temporary resident by more than one sex offender during any given period of tenancy.

(h) Responsible party violation—Hotel/motel/inn. No responsible party shall knowingly rent a guest room in a hotel, motel, or inn, or allow occupancy as a permanent or temporary resident by, more than one sex offender, unless those persons are legally related by blood, marriage, or adoption.

(i) Responsible party violation—Hotel/motel/inn permanent resident. No responsible party shall knowingly rent more than one guest room in a hotel, motel, or inn to, or allow occupancy as a permanent or temporary resident by, more than one sex offender as a permanent resident.

(j) Accessory. No responsible party, individual, or entity shall actively and knowingly assist a sex offender's continued violation of the provisions of this article.

(Ord. No. 4102, § 3, 5-5-2008; Ord. No. 4103, § 3, 5-27-2008)

The police chief, or his/her designee, shall report to the California Department of Corrections and Rehabilitation, Division of Parole, any occurrence of a sex offender who is a parolee and is determined to be in violation of Penal Code § 3003.5(a), or the provisions of this division. Penal Code § 3003.5(a) shall be supplemental, and not an alternative, to the provisions of this division.

(Ord. No. 4102, § 3, 5-5-2008; Ord. No. 4103, § 3, 5-27-2008; Ord. No. 4203, § 5, 6-1-2015)

The provisions of this article shall not apply to the following sex offenders:

(a) Sex offenders who are children (until such individuals reach the age of majority).

(b) Sex offenders who are exercising their First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly.

(c) Sex offenders who are confined to and reside at a prison or mental health facility.

(Ord. No. 4102, § 3, 5-5-2008; Ord. No. 4103, § 3, 5-27-2008; Ord. No. 4203, § 6, 6-1-2015)

If a conflict occurs between any provision of this division and any other provision of the Pomona City Code, including the Pomona Zoning Ordinance, the requirements set forth in this division shall control.

(Ord. No. 4102, § 3, 5-5-2008; Ord. No. 4103, § 3, 5-27-2008)