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.
"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)
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)