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Editor's Note: Ordinance No. 08-1413U added this chapter as Article 4, Chapter 14. This chapter was editorially renumbered to avoid duplication.
For purposes of this Chapter only, and unless the context clearly requires a different meaning, the words, terms and phrases set forth in this Section are defined as follows:
A. 
"Dwelling"
as defined by CMC § 9191.202.
B. 
"Dwelling unit"
as defined by CMC § 9191.214.
D. 
"Dwelling, multiple"
as defined in CMC § 9191.206.
E. 
"Child" or "children"
as defined in CMC § 9191.086.
J. 
"Child safety zone"
shall mean any school or public place at or near which children attend or normally congregate.
K. 
"Loitering"
shall mean to commit any act as defined in California Penal Code Section 653b.
L. 
"Mobilehome"
as defined by CMC § 9191.394.
M. 
"Owner's authorized agent"
shall mean any 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 owner of a property.
O. 
"Permanent residence"
shall mean any occupant who, as of a given date, has either at his or her own expense or at the expense of another obtained the right of occupancy in a residential dwelling for which rent was charged and paid in advance for a minimum of one (1) month.
P. 
"Property owner"
shall mean the owner of record of any parcel of real property as designated on the County Assessor's tax roll or a holder of a subsequently recorded deed to the property, and shall include any part owner, joint owner, tenant, tenant in common, or joint tenant, of the whole or part of such a building or land.
Q. 
"Residential exclusion zone"
means a zone in which a sex offender is prohibited from temporarily or permanently residing, and includes those areas located in the following distances:
1. 
Two thousand (2,000) feet of the closest property line of the subject property to the closest property line of a public or private school or park; or
2. 
Three hundred (300) feet of the closest property line of the subject property to the closest property line of a child care center.
R. 
"Responsible party"
shall mean the property owner and/or the owner's authorized agent.
S. 
"Sex offender"
means any person for whom registration is required pursuant to Section 290 of the California Penal Code, regardless of whether that person is on parole or probation.
T. 
"Temporary residence"
means any occupant who, for a period of less than one (1) month, either at his or her own expense or at the expense of another, obtains the right of occupancy for which rent is charged.
(Ord. 15-1570 § 2; Ord. 08-1413 § 5; Ord. 08-1413U § 5; Ord. 08-1414U § 3)
No sex offender shall commit any act of "loitering" in a child safety zone prohibited by California Penal Code Section 653b, which specifically provides at subsection (a) that it shall constitute a misdemeanor to "loiter about any school or public place at or near which children attend or normally congregate."
(Ord. 15-1570 § 3; Ord. 08-1413 § 5; Ord. 08-1413U § 5; Ord. 08-1414U § 3)
No sex offender shall obtain occupancy in a dwelling unit, mobilehome, a single-family dwelling, second unit dwelling, multiple dwelling, or a residential condominium unit already occupied by a sex offender, unless those persons are legally related by blood, marriage or adoption.
(Ord. 08-1413 § 5; Ord. 08-1413U § 5; Ord. 08-1414U § 3)
No sex offender shall be a permanent or temporary resident in a multiple dwelling, including multiple detached units, if ten (10) percent or up to a maximum of six (6) units of the total dwelling units within the multiple dwelling are already occupied by sex offenders ("occupied units"). Notwithstanding the above, a sex offender may be a permanent or temporary resident of an occupied unit within a multiple dwelling, without violating the restrictions contained herein, if the occupied unit is occupied by another sex offender legally related to the sex offender by blood, marriage or adoption.
(Ord. 08-1413 § 5; Ord. 08-1413U § 5; Ord. 08-1414U § 3)
No sex offender shall obtain occupancy in a guest room of a hotel, residential hotel, or motel already occupied by a sex offender, unless those persons are legally related by blood, marriage or adoption.
(Ord. 08-1413 § 5; Ord. 08-1413U § 5; Ord. 08-1414U § 3)
No sex offender shall be a permanent or temporary resident in a hotel, residential hotel, or motel if ten (10) percent or up to a maximum of six (6) units of the total dwelling units within the hotel, residential hotel, or motel are already occupied by sex offenders ("occupied units"). Notwithstanding the above, a sex offender may be a permanent or temporary resident of an occupied unit within a hotel, residential hotel, or motel without violating the restrictions contained herein, if the occupied unit is occupied by another sex offender legally related to the sex offender by blood, marriage or adoption.
(Ord. 08-1413 § 5; Ord. 08-1413U § 5; Ord. 08-1414U § 3)
No responsible party shall knowingly rent a mobilehome or dwelling unit to more than one (1) sex offender during any given period of tenancy, unless those persons are legally related by blood, marriage or adoption.
(Ord. 08-1413 § 5; Ord. 08-1413U § 5; Ord. 08-1414U § 3)
No responsible party shall knowingly rent a mobilehome or dwelling unit to more than one (1) sex offender during any given period of tenancy, unless those persons are legally related by blood, marriage or adoption.
(Ord. 08-1413 § 5; Ord. 08-1413U § 5; Ord. 08-1414U § 3)
No responsible party shall knowingly exceed the number of units occupied by a sex offender subject to CMC § 41507 or rent a guest room in a hotel, residential hotel, or motel to more than one (1) sex offender, unless those persons are legally related by blood, marriage or adoption.
(Ord. 08-1413 § 5; Ord. 08-1413U § 5; Ord. 08-1414U § 3)
Every person who fails to obey and comply with any provisions of CMC § 9122.9, § 9138.72 or § 9182.31 or this Chapter or who violates any such provision or who causes such failure, disobedience or violation shall be deemed guilty of a misdemeanor and shall be subject to the penalties as set forth in CMC § 1200.
(Ord. 08-1413 § 5; Ord. 08-1413U § 5; Ord. 08-1414U § 3)
Any person required to comply with any or all of the provisions of CMC § 9122.9, § 9138.72 or § 9182.31 or this Chapter shall be liable in an action filed by the City in any court of competent jurisdiction in order to enforce such provision and to pay such reasonable costs of the suit as the court may deem appropriate, including any and all attorney fees incurred by the City in the prosecution of said enforcement action.
(Ord. 08-1413 § 5; Ord. 08-1413U § 5; Ord. 08-1414U § 3)