For purposes of this chapter, the following definitions shall
apply:
"Child care center"
shall mean any licensed facility of the State of California,
Department of Social Services, that provides non-medical care to children
in need of personal services, supervision, or assistance essential
for sustaining the activities of daily living or for the protection
of children on less than a 24 hour basis, including, but not limited
to, a family day care home, infant center, preschool, extended day
care facility, or school-age child care center.
"Loitering"
shall mean to commit any act as defined in California Penal
Code Section 653b.
"Motel"
shall mean a commercial establishment that rents guest rooms
or suites to the public on a nightly, weekly, or monthly basis and
shall include a hotel and an inn that operates in such capacity.
"Multi-family dwelling"
shall mean a residential structure or complex designed for
the permanent residency of two or more individuals, groups of individuals,
or families living independently. This definition shall include a
duplex, an apartment house, a common interest complex and a mobile
home park, but shall not include a motel.
"Owner's authorized agent"
shall mean any natural person, firm, association, joint venture,
joint stock company, partnership, organization, club, company, limited
liability company, corporation, business trust, manager, lessee, servant,
officer, or employee, authorized to act for the property owner.
"Park"
shall include any areas owned, leased, controlled, maintained,
or managed by a public entity which are open to the public where children
regularly gather and which provide recreational, cultural, and/or
community service activities including, but not limited to, playgrounds,
playfields, and athletic courts.
"Permanent resident"
shall mean 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 motel for more than 30 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.
"Registered sex offender"
shall mean any person who is required to register under Section
290 of the California
Penal Code, regardless of whether or not that
person is on parole or probation.
"Residential exclusion zone"
shall mean any area located within 1,500 feet from the nearest
property line of the subject property to the nearest property line
of a child care center, public or private school (grades K through
12), park, or public library.
"Single-family dwelling"
shall mean one 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 or fewer persons.
"Temporary resident"
shall mean 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 motel for a period of 30 consecutive days or less.
(Ord. 1187 § 1, 1/14/10; Ord. 1282 §§ 2, 3, 9/8/14)
A registered sex offender shall be prohibited from loitering
in or about any school or public place at or near which children attend
or normally congregate.
(Ord. 1187 § 1, 1/14/10; Ord. 1282 § 4, 9/8/14)
A registered sex offender shall be prohibited from becoming
a permanent or temporary resident in any residential exclusion zone.
(Ord. 1187 § 1, 1/14/10)
If, in order to comply with Section
9.40.060 or Section
9.40.070, a responsible party is required to terminate a registered sex offender'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 chapter by allowing the registered sex offender to remain as a tenant or other occupant.
(Ord. 1187 § 1, 1/14/10)
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, in addition, the City may take action against the
violation by means of a civil enforcement process through a restraining
order, a preliminary or permanent injunction, or by any other remedy
available by law or equity.
(Ord. 1187 § 1, 1/14/10)
The provisions of this chapter shall not apply to tenancies
or other occupancies which legally commenced prior to February 13,
2010.
(Ord. 1187 § 1, 1/14/10; Ord. 1190 § 1, 3/8/10)
If any section, subsection, paragraph, sentence, clause or phrase
of this chapter is declared by a court of competent jurisdiction to
be unconstitutional or otherwise invalid, then such decision shall
not affect the validity of the remaining portions of this chapter.
The City Council declares it would have adopted this chapter, and
each section, subsection, sentence, clause, phrase or portion thereof,
irrespective of the fact that any one or more sections, subsections,
phrases, or portions be declared invalid or unconstitutional.
(Ord. 1187 § 1, 1/14/10)