A. 
It is unlawful for any minor under the age of eighteen years, or for any parent or guardian of any minor under the age of eighteen years to knowingly permit, or by insufficient control allow, any minor to loiter or remain in or upon any public street, avenue, highway, road, curb area, alley, park, playground, any common area of any school, or other public ground, public place, or public building, place of amusement or eating place, vacant lot or unsupervised place between the hours of 10:00 p.m. on any day and sunrise of the immediately following day; provided, however, that the provisions of this section shall not apply:
1. 
When the minor is accompanied by his or her parent or parents, legal guardian or other adult person having the legal care or custody of the minor, or by his or her spouse eighteen years of age or older; or
2. 
When the minor is upon an errand directed by his or her parent or parents or legal guardian or other adult person having the legal care or custody of the minor, or by his or her spouse eighteen years of age or older, without any detour or stop; or
3. 
When the minor is traveling directly to, returning directly home from, or attending a public meeting, or a place of public entertainment that is supervised by adults and sponsored by the City of Claremont, a civic organization, or another similar entity that takes responsibility for the minor, such as a movie, play, sporting event, dance, religious activity, or school activity; or
4. 
When the presence of such minor in said public place or places is connected with or required with respect to a business, trade, profession, employment activity or occupation in which said minor is lawfully engaged; or
5. 
When the minor is involved in, or acting in response to, an "emergency," which means for this purpose, any unforeseen set of circumstances that calls for immediate action to prevent serious bodily injury or loss of life, including, but not limited to, a fire, natural disaster, or automobile accident; or
6. 
When the minor is on the sidewalk abutting the minor's residence; or
7. 
When the minor is in a motor vehicle involved in interstate travel; or
8. 
When the minor is emancipated pursuant to law; or
9. 
When the minor is exercising First Amendment rights protected by the United States Constitution such as the free exercise of religion, freedom of speech or the right of assembly where the minor is not intentionally exercising such rights solely for the purpose of creating a defense to the enforcement of this section or traveling directly to or returning directly from, without any detour or stop, any such place for the purpose of exercising any such First Amendment rights; or
10. 
Traveling from any activity listed in this section to another activity listed in this section, without any detour or stop.
B. 
Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in the public place or on the premises of the establishment, as set forth in subsection A, during the curfew hours set forth in subsection A. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that a violation of this section has occurred and that, based on any responses and other circumstances, none of the exceptions or defenses listed in subsection A are present or applicable. Nothing in this section shall be construed in any way as to limit the power or right of a law enforcement officer(s) to make any investigation, detention or arrest as such law enforcement officer(s) would be permitted to make in the absence of this section.
C. 
Each violation of this section shall constitute a separate offense.
(14-07)
Every minor under the age of eighteen years who violates any provision of Section 9.80.010 is guilty of a misdemeanor, and shall be dealt with in accordance with juvenile court law and procedure. Every parent, guardian or other person having the legal care, custody, or control of any minor under the age of eighteen years who knowingly and willfully allows such minor to violate any provision of Section 9.80.010 is guilty of a misdemeanor.
(14-07)
A. 
It is unlawful for any minor under the age of eighteen years who is subject to compulsory education or compulsory continuation education, whether alone or in concert with others, to loiter or remain in or upon any public street, avenue, highway, road, curb area, alley, park, playground, or other public ground, public place or public building, place of amusement or eating place, vacant lot or unsupervised place when the student's school site is in session, provided, however, that the provisions of this section shall not apply when:
1. 
The minor is accompanied by his or her parent or parents, legal guardian or other adult person having the legal care or custody of the minor, or by his or her spouse eighteen years of age or older; or
2. 
The minor is on an errand directed by his or her parent or parents or legal guardian or other adult person having the legal care or custody of the minor, or by his or her spouse eighteen years of age or older; or
3. 
The minor is traveling directly to, returning directly home from, or attending a school sponsored public meeting, such as a school sponsored movie, play, sporting event, dance or other school activity; or
4. 
The minor is present in said public place or places connected with or required with respect to a business, trade, profession, employment activity or occupation in which said minor is lawfully engaged or when the minor is traveling directly to or from a medical appointment; or
5. 
When the minor is involved in, or acting in response to, an "emergency," which means for this purpose, any unforeseen set of circumstances that calls for immediate action to prevent serious bodily injury or loss of life, including, but not limited to, a fire, natural disaster, or automobile accident; or
6. 
The minor has permission to leave his or her school campus for lunch or a school-related activity and has in his or her possession a valid, school-issued, off-campus permit or other proof of such permission if such proof of permission is required by the school; or
7. 
The minor is authorized to be absent from school pursuant to the provisions of California Education Code Section 48205, 48222, or 48224 or any other applicable State or Federal law, including, but not limited to, laws authorizing private schooling or private schooling at home; or
8. 
The minor is emancipated pursuant to law; or
9. 
The minor is in a motor vehicle involved in interstate travel; or
10. 
The minor is exercising his or her First Amendment rights protected by the United States Constitution such as the free exercise of religion, freedom of speech or the right of assembly where the minor is not intentionally exercising such rights solely for the purpose of creating a defense to the enforcement of this section or traveling directly to or returning directly from, without any detour or stop, any such place for the purpose of exercising any such First Amendment rights; or
11. 
Traveling from any activity listed in this section to another activity listed in this section, without any detour or stop.
B. 
Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in the public place or on the premises of the establishment, as set forth in subsection A, during school sessions as set forth in subsection A. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that a violation of this section has occurred, that the minor is supposed to be in school, and that, based on any responses and other circumstances, none of the exceptions or defenses listed in subsection A are present or applicable. Nothing in this section shall be construed in any way as to limit the power or right of a law enforcement officer(s) to make any investigation or detention as such law enforcement officer(s) would be permitted to make in the absence of this section. Any such law enforcement officer(s) may issue a citation to any minor found to be in violation of this section and may detain any such minor, until the minor can be placed in the custody and care of a parent, legal guardian or other adult person having the legal care or custody of the minor, or by his or her spouse eighteen years of age or older.
C. 
Each violation of any provision of this section shall constitute a separate offense and shall be an infraction, cited into juvenile traffic court in accordance with Sections 256 and 602 of the State of California Welfare and Institutions Code.
(14-07)
If any provision or clause of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect any other provision of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.
(14-07)
For the purposes of this chapter, the following words and phrases shall have the meaning respectively ascribed to them by this section:
"Hotel"
means any commercial establishment that rents guest rooms or suite to the public on a nightly, weekly, or monthly basis, and shall include a motel and an inn that operates in such capacity.
"Multifamily dwelling"
means a residential structure designed for the permanent residency of two or more individuals, groups of individuals, or families living independently. This definition shall include a duplex, apartment house, and a condominium complex, but shall not include a hotel.
"Owner's authorized agent"
means any natural person, firm, association, joint venture, joint stock company, partnership, organization, club, company, corporation, business trust or the manager, lessee, agent, servant, office or employee authorized to act for the property owner.
"Permanent resident"
means any person who, as of a given date, obtained the right to occupy a dwelling, including, but not limited to, a single-family dwelling, multifamily dwelling, duplex, hotel or motel for more than 30 consecutive days.
"Property owner"
means 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"
means any person who is required to register under Section 290 of the California Penal Code and who is currently on parole. For purposes of this chapter, "registered sex offender" includes those who have failed to register pursuant to Section 290 of the California Penal Code.
"Responsible party"
means a property owner and/or a property owner's authorized agent.
"Single-family dwelling"
means any lot designed for permanent residency and containing one and only one dwelling unit.
"Temporary resident"
means any person who, for a period of 30 days or less, obtained the legal right to occupy or reside in a single-family dwelling or multifamily dwelling, including, but not limited to, a hotel or motel.
(10-01; 14-03; 18-01)
(10-01; 14-03; 18-01)
A registered sex offender shall be prohibited from renting or otherwise occupying a single-family dwelling or a unit in a multifamily dwelling with another registered sex offender, unless those persons are legally related by blood, marriage, or adoption.
(10-01; 18-01)
A registered sex offender shall be prohibited from renting or otherwise occupying the same guest room in a hotel 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.
(10-01; 18-01)
A responsible party shall be prohibited from knowingly renting a single-family dwelling or a unit in a multifamily 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.
(10-01; 18-01)
A responsible party shall be prohibited from knowingly allowing a guest room in a hotel 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.
(10-01; 18-01)
If, in order to comply with this chapter, 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 sex offender to remain as a tenant or other occupant.
(10-01; 18-01)
The provisions of this chapter shall not apply in the following instances:
A. 
Tenancies or other occupancies commenced prior to the effective date of the ordinance codified in this chapter, or to the renewals of any such tenancy or occupancies.
B. 
The first sex offender to establish a lawful residency shall not be in violation of this chapter if another sex offender attempts to establish residency within the prohibited location.
C. 
The sex offender is confined within the City Jail.
(10-01; 14-03; 18-01)
A. 
Any single-family dwelling, multifamily dwelling, or hotel or motel operated or maintained in a manner inconsistent with the occupancy requirements of this chapter is declared to be unlawful and is defined as and declared to be public nuisances per se that are injurious to the public health, safety, and welfare.
B. 
In any civil action or proceeding, administrative proceeding, or special proceeding, including, but not limited to, those brought to abate a public nuisance, the prevailing party will be entitled to recovery of all costs, attorney's fees and expenses, provided that attorneys' fees will only be available in those actions or proceedings in which the City has provided notice at the commencement of such action or proceeding that it intends to seek and recover its own attorneys' fees. In no action or proceeding will an award of attorneys' fees exceed the amount of reasonable attorneys' fees incurred by the City in the action or proceeding.
C. 
Monies due to the City pursuant to this chapter may be recovered in an appropriate civil action. Alternatively, such liability may be enforced by special assessment proceedings against the parcel of land upon which the nuisance existed, which proceedings must be conducted in a manner substantively similar to proceedings prescribed in this Code relating to assessment for abatement of property nuisances.
(10-01; 18-01)
A. 
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 enforce the violation by means of a civil enforcement process through a restraining order, a preliminary or permanent injunction, or by any other means available by law.
B. 
Each day that a violation of this chapter exists shall be deemed a new and separate offense.
(10-01; 18-01)