Due to ongoing budget problems, federal court rulings and new State laws concerning the early release of state prisoners and good time credits, there is the potential that thousands of State prisoners will be eligible for early release from prisons and on parole. Many of these parolees will establish domiciles in Orange County, including in the City of Orange. Associating with another parolee is often prohibited by conditions of parole due to the widely accepted belief in law enforcement that such associations play a role in whether a parolee is likely to commit additional crimes and the fact that recidivism rates among parolees is high, especially in California. However, restrictions on parolee associations are not always enforced by local parole officers due to caseloads or other factors and the situation could worsen if even more prisoners are placed on parole. The establishment of dwelling units, hotel rooms or boarding or lodging houses with multiple parolees would have immediate and adverse economic and safety impacts on adjacent residences and neighborhoods. This chapter is necessary to preserve the residential character of the City's neighborhoods and will enhance the public health, safety and general welfare of the City, its residents and businesses.
(Ord. 6-11, 2011)
"Parolee"
means any individual who has been convicted of a crime, sentenced to prison, and has received conditional release in the community under the supervision of a parole officer, and shall include federal parolees, state parolees, county parolees and youth authority parolees as those terms are commonly used and understood and as further defined in the California Penal Code.
"Dwelling unit, hotel, boarding house" and "lodging house"
shall have those meanings ascribed to such terms as provided in this code.
(Ord. 6-11, 2011)
A. 
Except for the exceptions contained in this chapter, Section 17.13.040 of this code regarding sober living facilities or state law, no more than one federal, state, county or youth authority parolee shall be allowed to live or reside in any single dwelling unit, hotel room or boarding or lodging house.
B. 
Married couples in which both spouses are parolees shall be allowed to live or reside in the same dwelling unit, hotel room or boarding or lodging house, provided that doing so does not otherwise violate either spouse's conditions of parole. A minor who is a parolee may live or reside with a parent(s) and/or legal guardian(s) who is a parolee provided that doing so does not otherwise violate the minor's or parent(s)'s conditions of parole.
C. 
As part of the application for a conditional use permit for approval of a boarding or lodging house the applicant shall identify any residents that are currently parolees. Owners and/or operators of approved boarding or lodging houses shall update the information required by this section anytime a parolee is provided accommodation in the approved boarding and lodging house.
D. 
All boarding and lodging houses shall require any parolee to sign a "crime free lease addendum" to their lease or rental agreement. A sample crime free lease addendum shall be provided by the City as an attachment to the conditional use permit application. The "crime free lease addendum" shall provide that any criminal violations perpetrated by the parolee shall be grounds for termination of the written or oral lease, sublease or rental agreement. A copy of the executed Crime Free Lease Addendum shall be mailed to: Chief of Police, City of Orange, 1107 N. Batavia, Orange, CA 92867.
E. 
No dwelling unit, hotel or boarding or lodging house shall be maintained as a nuisance.
F. 
Violations of any of the provisions in this chapter shall be grounds for revocation of the conditional use permit issued to a boarding or lodging house and shall also constitute a misdemeanor and a nuisance.
G. 
Dwelling units in which parolees are tenants and boarding or lodging houses in existence prior to the effective date of this chapter and in violation hereof shall be required to comply with the requirements of this chapter within 12 months of the effective date.
(Ord. 6-11, 2011)