For purposes of this chapter, the following definitions shall apply:
"Child" or "children"
shall mean any person(s) under the age of 18 years of age.
"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.
"Responsible party"
shall mean a property owner and/or a property owner's authorized agent.
"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)
A. 
Same Dwelling. A registered sex offender shall be prohibited from renting or otherwise occupying a single-family dwelling or a unit in a multi-family dwelling with another registered sex offender, regardless of the permanent or temporary residential status of either registered sex offender, unless those persons are legally related by blood, marriage, or adoption.
B. 
Multiple Dwellings. A registered sex offender shall be prohibited from renting or otherwise occupying a unit in a multi-family dwelling as a permanent resident if there is another unit in that multi-family dwelling that is already rented or otherwise occupied by a registered sex offender as a permanent resident, unless those persons are legally related by blood, marriage, or adoption.
C. 
Temporary Residency. A registered sex offender shall be prohibited from renting or otherwise occupying any single-family dwelling or any unit in a multi-family dwelling as a temporary resident.
(Ord. 1187 § 1, 1/14/10)
A. 
Same Motel Room. A registered sex offender shall be prohibited from renting or otherwise occupying the same guest room in a motel with another registered sex offender, regardless of the permanent or temporary residential status of either registered sex offender, unless those persons are legally related by blood, marriage, or adoption.
B. 
Separate Motel Rooms. A registered sex offender shall be prohibited from renting or otherwise occupying a guest room in a motel as a permanent resident if there is another guest room in that motel that is already rented or otherwise occupied by a registered sex offender as a permanent resident, unless those persons are legally related by blood, marriage, or adoption.
(Ord. 1187 § 1, 1/14/10)
A. 
Same Dwelling. A responsible party shall be prohibited from knowingly allowing a single-family dwelling or a unit in a multi-family dwelling to be rented or otherwise occupied by more than one registered sex offender, regardless of the permanent or temporary residential status of either registered sex offender, unless those persons are legally related by blood, marriage, or adoption.
B. 
Multiple Dwellings. A responsible party shall be prohibited from knowingly allowing more than one unit in a multi-family dwelling to be rented or otherwise occupied by a registered sex offender as a permanent resident, unless those persons are legally related by blood, marriage, or adoption.
C. 
Temporary Residency. A responsible party shall be prohibited from knowingly allowing a single-family dwelling or any unit in a multi-family dwelling to be rented or otherwise occupied by a registered sex offender as a temporary resident.
(Ord. 1187 § 1, 1/14/10)
A. 
Same Motel Room. A responsible party shall be prohibited from knowingly allowing a guest room in a motel to be rented or otherwise occupied by more than one registered sex offender, regardless of the permanent or temporary residential status of either registered sex offender, unless those persons are legally related by blood, marriage, or adoption.
B. 
Separate Motel Rooms. A responsible party shall be prohibited from knowingly allowing a guest room in a motel to be rented or otherwise occupied by a registered sex offender as a permanent resident if there is already a registered sex offender renting or otherwise occupying another guest room in that motel as a permanent resident, unless those persons are legally related by blood, marriage, or adoption.
(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)