A. 
Residency Exclusions.
1. 
One-Family Dwelling. No sex offender shall be a permanent or temporary resident in a one-family dwelling already occupied by a sex offender, unless those persons are legally related by blood, marriage, or adoption.
2. 
Hotel/Motel – Same Room. No sex offender shall be a permanent or temporary resident in a guest room of a hotel or motel if that guest room is already occupied by a sex offender, unless those persons are legally related by blood, marriage, or adoption.
3. 
Group or Special Living Sites – Same Room. No sex offender shall be a permanent or temporary resident in a room or unit at an apartment house, boarding house, dormitory, granny flat, group home, or guest house if that room or unit is already occupied by a sex offender, unless those persons are legally related by blood, marriage, or adoption.
4. 
Trailer Coach. No sex offender shall be a permanent or temporary resident in a trailer coach already occupied by a sex offender, unless those persons are legally related by blood, marriage, or adoption.
5. 
Mobile Home. No sex offender shall be a permanent or temporary resident in a mobile home already occupied by a sex offender, unless those persons are legally related by blood, marriage, or adoption.
6. 
Mobile Home Park – Same Dwelling. No sex offender shall be a permanent or temporary resident in a dwelling within a mobile home park when that dwelling is already occupied by another sex offender, unless those persons are legally related by blood, marriage, or adoption.
B. 
Factors. For purposes of this chapter, the following factors shall be considered in determining whether a location is an individual's residence:
1. 
Whether the sex offender has listed the location as his/her residence when registering pursuant to the California Sex Offender Regulation Act, Penal Code Section 290 et seq.;
2. 
The length of time that the individual intends to occupy the location;
3. 
The length of time the individual has occupied the location;
4. 
The individual's ownership or leasehold interest in the location;
5. 
The extent of personal property stored or maintained by the individual at the location;
6. 
The extent to which the individual represents to others that the location is his or her residence;
7. 
The routine performance of everyday life tasks at the location, such as eating, sleeping, cooking, bathing, and personal care;
8. 
The extent to which others identify the location as the individual's residence;
9. 
The extent to which the location is utilized for voter registration, mail delivery, tax collection, and other governmental and/or commercial purposes;
10. 
Whether the sex offender's parole agent, probation officer, or other supervising law enforcement official recognizes the location as the sex offender's residence; and
11. 
Whether the location would be, or is, deemed a sex offender's residence pursuant to any policy or criteria established by the California Department of Corrections and Rehabilitation, Division of Parole.
C. 
Transient Residency Status. Notwithstanding the provisions of subsection (B) of this section, for purposes of this chapter, individuals maintaining "transient" residency status, changing location in order to evade declaration or determination of place of residence, or otherwise not declaring a permanent place of residence, shall be considered to be residing at all places within the city of Bell Gardens associated with criteria in subsection (B) of this section that such person has been affiliated with on a temporary basis within the preceding 30 days.
D. 
Multiple Residences. A sex offender who utilizes more than one location within the city of Bell Gardens as his/her residence, including but not limited to a transient sex offender who resides at multiple locations within the city, shall be deemed to have multiple residences, and the restrictions on residency provided in this chapter shall apply equally as to all such residences.
(Ord. 828 § 1, 2009; Ord. 869 § 1, 2016; Ord. 878 § 1, 2016)
A. 
Responsible Party Violation – One-Family Dwellings. No responsible party shall knowingly rent a one-family dwelling to, or allow occupancy as a permanent or temporary resident by, more than one sex offender during any given period of tenancy, unless those persons are legally related by blood, marriage or adoption.
B. 
Responsible Party Violation – Multiple Dwellings. No responsible party shall knowingly rent a room or unit within a multiple dwelling to, or allow occupancy as a permanent or temporary resident by, more than one sex offender during any given period of tenancy, unless those persons are legally related by blood, marriage or adoption.
C. 
Responsible Party Violation – Hotel/Motel. No responsible party shall knowingly rent a guest room in a hotel, motel, or inn, or allow occupancy as a permanent or temporary resident by, more than one sex offender, unless those persons are legally related by blood, marriage, or adoption.
D. 
Responsible Party Violation – Group or Special Living Sites. No responsible party shall knowingly rent a room or unit within an apartment house, boarding house, dormitory, granny flat, group home, or guest house to, or allow occupancy as a permanent or temporary resident by, more than one sex offender during any given period of tenancy, unless those persons are legally related by blood, marriage or adoption.
E. 
Responsible Party Violation – Trailer Coach. No responsible party shall knowingly rent a trailer coach to, or allow occupancy as a permanent or temporary resident by, more than one sex offender during any given period of tenancy, unless those persons are legally related by blood, marriage or adoption.
F. 
Responsible Party Violation – Mobile Home. No responsible party shall knowingly rent a room or unit within a mobile home to, or allow occupancy as a permanent or temporary resident by, more than one sex offender during any given period of tenancy, unless those persons are legally related by blood, marriage or adoption.
G. 
Accessory. No responsible party, individual, or entity shall actively and knowingly assist a sex offender's continued violation of the provisions of this chapter.
(Ord. 828 § 1, 2009; Ord. 878 § 2, 2016)
The police chief, or his/her designee, shall report to the California Department of Corrections and Rehabilitation, Division of Parole, any occurrence of a sex offender who is a parolee and is determined to be in violation of either Penal Code Section 3003.5(a) or (b), or the provisions of this chapter. Penal Code Section 3003.5(a) or (b) shall be supplemental, and not an alternative, to the provisions of this chapter.
(Ord. 828 § 1, 2009)
A. 
Public Nuisance. Notwithstanding any other penalty provided by this code, this chapter, or otherwise by law, the following conduct shall be defined as, and is hereby declared to be, a public nuisance that is injurious to the public health, safety and welfare:
1. 
Any sex offender whose residency is inconsistent with or in violation of the requirements of this chapter.
2. 
Any one-family dwelling, duplex, multiple dwelling, hotel, motel, apartment house, boarding house, dormitory, granny flat, group home, guest house, mobile home, mobile home park, or trailer coach used, operated or maintained in a manner inconsistent with or in violation of the requirements of this chapter.
3. 
Any responsible party allowing a one-family dwelling, duplex, multiple dwelling, hotel, motel, apartment house, boarding house, dormitory, granny flat, group home, guest house, mobile home, mobile home park, or trailer coach to be used, operated or maintained in a manner inconsistent with the requirements of this chapter.
B. 
Eviction by Responsible Party. If, in order to comply with BGMC § 17.28.100, a responsible party is required to terminate a sex offender's tenancy or other occupancy, the responsible party shall comply with all applicable state law procedures and requirements governing the termination of such tenancy or other occupancy, including any applicable procedures and requirements governing the eviction of tenants of real property. The responsible party shall prosecute such action diligently and in good faith. 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.
C. 
Action by City Prosecutor or City Attorney. If a responsible party who is required to terminate a sex offender's tenancy or other occupancy fails to file an action, or having filed an action, fails to prosecute it diligently and in good faith, the city prosecutor or city attorney may file and prosecute the action, and join the responsible party as a defendant in the action. If, in such action, a jury or court finds the sex offender guilty of unlawful detainer, the city prosecutor or city attorney may be awarded costs, including the costs of investigation and discovery and reasonable attorneys' fees. If, in such action, a jury or court determines that termination of the sex offender's tenancy or other occupancy 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.
(Ord. 828 § 1, 2009)
The provisions of this article shall not apply to the following sex offenders:
A. 
Sex offenders who are children (until such individuals reach the age of majority).
B. 
Sex offenders who are exercising their First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly.
C. 
Sex offenders who are confined to and reside at a prison or mental health facility within 2,640 feet of any sensitive use site.
(Ord. 828 § 1, 2009)