The purpose of this chapter is to deter prostitution, illicit
drug activity and other criminal activity within the City of Escondido
by establishing registration requirements designed at regulating the
registration practices in transient lodging facilities.
(Ord. No. 2004-09 § 1, 5-12-04)
"Occupancy"
shall mean the use or possession or the right to the use
or possession of any room or rooms or portion thereof in any transient
lodging facility for dwelling, lodging or sleeping purposes.
"Operator"
shall mean the person who is proprietor of the transient
lodging facility, whether in the capacity of owner, lessee, sublessee,
mortgages in possession, licensee or any other capacity. Where the
operator performs its functions through a managing agent of type or
character other than an employee, the managing agent shall also be
deemed an operator for the purposes of this article and shall have
the same duties and liabilities as its principal. Compliance with
the provisions of this article by either the principal or managing
agent shall, however, be considered to be compliance by both.
"Room"
shall mean any area within a transient lodging facility intended
for use as temporary dwelling, lodging or sleeping purposes. Room
does not mean any area within a transient lodging facility not intended
for use as sleeping or lodging quarters.
"Transient"
shall mean any person who exercises temporary occupancy or
is entitled to temporary occupancy by reason of concession, permit,
right or access, license or other agreement for a period of 30 consecutive
calendar days or less, counting portions of calendar days as full
days. Transient lodging facility shall mean any structure, or any
portion of any structure, in which there are five or more guest rooms
where transient lodging (for a period of 30 consecutive calendar days
or less) with or without meals is provided for compensation for dwelling,
lodging or sleeping purposes. Transient lodging facility shall include
any hotel, motel, inn, lodging facility and public or private club.
Transient lodging facility shall not mean any hospital, convalescent
home or rehabilitation facility.
(Ord. No. 2004-09 § 1, 5-12-04)
Any operator of any transient lodging facility within the city
shall keep a register for the registration of transient guests. Such
register shall include the following information:
(b) Current address of transient;
(c) Month, day, year and hour of arrival of transient;
(d) Room number assigned to transient;
(e) Full name of any and all individuals who will occupy the room registered
to the transient;
(f) Valid and current form of picture identification of transient;
(g) Make, type, color, license number, issuing state and name of the
registered owner of the motor vehicle in the immediate possession
of transient;
(h) Signature of the transient;
(i) Signature of the operator;
(j) Month, day, year and hour of departure of transient.
Such register shall be adequately maintained and preserved for
a minimum of three years from the initial date of occupancy.
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(Ord. No. 2004-09 § 1, 5-12-04)
Any operator of any transient lodging facility within the city
shall be prohibited from registering, renting or assigning for temporary
occupancy any suite, room or bed thereof to any transient until such
transient has registered their information, in accordance with section
13 of this chapter, in the transient lodging facility register.
(Ord. No. 2004-09 § 1, 5-12-04)
Any operator of any transient lodging facility within the city
shall make the register available at all times, subject to inspection
upon reasonable request, by any law enforcement officer of the city
or any peace officer. No person shall erase or alter, or suffer or
permit to be erased or altered any of entries in such register.
(Ord. No. 2004-09 § 1, 5-12-04)
Any operator of any transient lodging facility within the city
shall be required to enter into the transient lodging facility register
the make, type, color, license number, and issuing state and the name
of the registered owner of any motor vehicle or trailer in the immediate
possession of any registered transient.
(Ord. No. 2004-09 § 1, 5-12-04)
Any operator of any transient lodging facility within the city
shall be prohibited from registering, renting, or assigning any room
in such facility more than once within an eight hour period.
(Ord. No. 2004-09 § 1, 5-12-04)
No person shall write or cause to be written, sign or cause
to be signed, not shall any operator of any transient lodging facility
knowingly permit to be written or signed in any register of any such
facility name other than the name of the transient so registering.
(Ord. No. 2004-09 § 1, 5-12-04)
Any violation of any provision contained in sections 11 through
18 of this chapter shall constitute a misdemeanor offense punishable
by up to a one thousand dollar ($1,000.00) fine and/or 12 months in
the county jail.
(Ord. No. 2004-09 § 1, 5-12-04)