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HomeMy WebLinkAbout2257ORDINANCE N0.2257 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING THE ARCADIA MUNICIPAL CODE BY ADDING ARTICLE IV, CHAPTER 9.4 TO INCLUDE RESIDENCY AND LOITERING RESTRICTIONS FOR SEX OFFENDERS WHEREAS, on November 7, 2006, the voters of the State of California overwhelmingly approved Proposition 83, "The Sexual Predator Punishment and Control Act," commonly referred to as "Jessica's Law," so as to better protect Californians, and, in particular, the children of this State from sex offenders; and WHEREAS, Proposition 83 enacted subsection (b) of Penal Code Section 3003.5 which prohibits any registered sex offender, on parole to the California Department of Corrections and Rehabilitation -Division of Adult Parole Operations, from residing within 2,000 feet of any public or private school, or park where children regularly gather; and WHEREAS, Proposition 83, as it is codified in subsection (c) of Penal Code Section 3003.5, authorizes municipal jurisdictions to enact local ordinances that further restrict the residency of any registered sex offender defined in subsection (c) of Penal Code Section 290, whether or not on parole or probation; and WHEREAS, the City Council of the City of Arcadia has determined that the factors set forth in Section 2 of Proposition 83, including the high recidivism rate of sex offenders and the frequency with which they prey on victims under the age of 18, make it incumbent upon the City of Arcadia to enact such additional restrictions on sex offenders to prevent the increased potential for sex offenders' victimization of children; and WHEREAS, local ordinances authorized by subsection (c) of Penal Code Section 3003.5 are permitted to regulate the number of registered sex offenders that reside in a residential facility, including those facilities which serve six or fewer persons commonly referred to as sober living facilities, and are considered a single family dwelling pursuant to Health and Safety Code Section 1566.3; and WHEREAS, the City is concerned with recent occurrences in California, where multiple registered sex offenders have been residing in single family dwellings in violation of subsection (a) of Penal Code Section 3003.5; and WHEREAS, because this Arcadia Municipal Code Chapter 9.4 is intended to eliminate any potential conflict of land uses in residential neighborhoods and to reduce the potential dangers associated with multiple sex offenders living near families with children and places where children frequently gather, coupled with the fact that subsection (a) of Penal Code Section 3003.5 expressly refers to "single family dwellings" as opposed to multiple family dwellings, this Chapter 9.4 shall also regulate the number of registered sex offenders permitted to reside in multiple 2 family dwellings; and WHEREAS, in addition to public and private schools and parks, the City further finds that California State licensed day care facilities are necessarily included as places where children frequently gather; and WHEREAS, there is currently no State or local ordinance that prohibits registered sex offenders from loitering near places where children congregate, therefore this Chapter 9.4 shall also prohibit registered sex offenders from loitering within a 300 foot radius from locations where children gather; and WHEREAS, in order to foster compliance with the intent of this ordinance, this Chapter 9.4 shall also establish regulations of registered sex offenders and the property owners who rent to them; and WHEREAS, the City believes restricting sex offenders access to the locations where children gather will further public safety; and WHEREAS, this ordinance is required for the immediate preservation of the public peace, health and safety; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: 3 SECTION 1. Article IV, Chapter 9.4 is hereby added to the Arcadia Municipal Code to read as follows: "CHAPTER 9.4 SEX OFFENDER RESIDENCY AND LOITERING RESTRICTIONS 4940. PURPOSE. This Chapter is hereby adopted and established to protect children from registered sex offenders by limiting the sex offenders' access to locations where children gather and shall be known as the Sex Offender Residency and Loitering Restrictions. It is the intent of this Chapter to reduce the risk of harm to children by impacting the ability of sex offenders to be in contact with them. It is further the intent of this Chapter to provide additional restrictions beyond those provided for in Proposition 83 by adding locations to the residence restrictions of Proposition 83, by restricting sex offenders from accessing certain limited locations, and by allowing for both criminal and civil remedies. It is not the intent of this ordinance to allow conduct otherwise prohibited by federal or state law, or to contradict federal or state law. 4 4940.1. DEFINITIONS. 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. "Amusement Center" shall mean any establishment open to the public that provides entertainment directed at children, or whose play equipment is primarily used by children. It includes but is not limited to places like Chuck E. Cheese, the zoo, children's museums, arcades, dance studios, art studios and laser tag facilities, so long as the primary users of the establishments are children. It does not include restaurants, movie theaters or shopping malls. B. "Child" or "Children" shall mean any person(s) under the age of eighteen (18) years of age. C. "Child Care Center" shall mean any State of California, Department of Social Services licensed facility that provides non- medical care to children in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a twenty four (24) hour basis, including but not limited to a family day care home, infant center, preschool, extended-day care facility, or school-age child care center. D. "Child Safety Zone" shall include those areas located within three hundred (300) feet from the nearest property line of an amusement center, child care center, public or private school grades K through 12, park, public library, swimming or wading pool, commercial establishment that provides any area in or adjacent to such establishment as a children's playground or any location that facilitates classes or group activities for children on the property, or school bus stops. E. "Duplex" shall mean a residential land use for a building containing two dwelling units. 5 F. "Hotel/Motel" shall mean a commercial land use for the rental of six (6) or more guest rooms or suites for primarily temporary residency for a period of not more than thirty (30) consecutive days. G. "Inn" shall mean a commercial land use for the rental of five (5) or fewer guest rooms or suites primarily for temporary residency for a period of not more than thirty (30) consecutive days. H. "Loiter" shall mean to delay, linger, or idle without lawful business, intent or purpose for being present. I. "Multi-family Dwelling" shall mean a building designed for permanent residency for three (3) or more families living independently of each other. This includes apartment houses and condominiums, but does not include hotels, motels, or inns. J. "Owner's Authorized Agent" shall mean any natural person, firm, association, joint venture, joint stock company, partnership, organization, club. company, corporation, business trust or the manager, lessee, agent, servant, officer or employee authorized to act for the owner of a property. K. "Park" shall include any areas publicly owned, leased. controlled, maintained or managed by a city or county which are open to public use for recreational, cultural and community service activities, and include, but are not limited to, beaches, playgrounds, playfields, athletic courts, and dog park recreation areas. L. "Permanent Resident" shall mean any person who, as of a given date, obtained the right to occupy a dwelling including but not limited to a Duplex. Multi-family Dwelling, Single Family Dwelling. Hotel. Motel or Inn for more than thirty (30) consecutive days. M. "Property Owner" as applied to buildings and land 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, 6 tenant, tenant in common, or joint tenant of the whole or a part of such building or land. N. "Public Forum" shall include public property where constitutionally protected activities of expression and assembly, such as demonstrations, may take place. O. "Residential Exclusion Zone" shall include those areas located within two thousand (2,000) feet of the closest property line of an amusement center, child care center, public or private school grades K through 12, park, public library, swimming or wading pool, commercial establishment that provides any area in or adjacent to such establishment as a children's playground, or any location that facilitates classes or group activities for children on the property, or school bus stops, in which a sex offender is prohibited from temporarily or permanently residing. P. "Responsible Party" shall mean the Property Owner and/or the Owner's Authorized Agent. Q. "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. R. "Single Family Dwelling" means one (1) permanent residential dwelling located on a single lot with yard areas that separate that dwelling from other dwellings. S. "Temporary Resident" means any person who, for a period of thirty (30) days or less, obtained the right to occupy a dwelling including but not limited to a Hotel, Motel or Inn. 4940.2. MEASURE OF DISTANCE. The Child Safety Zone and Residential Exclusion Zone are measured in a straight line, in all directions, without regard for intervening structures, 7 from the closest property line of the subject properties listed in the .definitions for Child Safety Zone and Residential Exclusion Zone. 4940.3. VIOLATION OF CI-TIED SAFETY ZONE. No Sex Offender shall Loiter in a Child Safety Zone. However, a Sex Offender may pass through a Child Safety Zone if there are no alternative reasonable routes to reach a destination. In addition, a Sex Offender may engage in activities such as, but not limited to, voting and expressive activities in Child Safety Zones that are Public Forums. 4940.4. VIOLATION OF RESIDENTIAL EXCLUSION ZONE. No Sex Offender shall be a Permanent or Temporary Resident within a Residential Exclusion Zone. 4940.5. SEX OFFENDER VIOLATION -SINGLE FAMILY DWELLINGS. No Sex Offender shall be a Permanent or Temporary Resident in a Single Family Dwelling already occupied by a Sex Offender, unless those persons are legally related by blood, marriage or adoption. 8 4940.6. SEX OFFENDER VIOLATION -MULTI-FAMILY DWELLINGS. No Sex Offender shall be a Permanent or Temporary Resident of a Multi-family Dwelling already occupied by a Sex Offender, unless those persons are legally related by blood, marriage or adoption. 4940.7. SEX OFFENDER VIOLATION - DUPLEX DWELLINGS. No Sex Offender shall be a Permanent or Temporary Resident in a Duplex Dwelling already occupied by a Sex Offender, unless those persons are legally related by blood, marriage or adoption. 4940.8. SEX OFFENDER VIOLATION - HOTEL/MOTEL/INN ROOMS. No Sex Offender shall be a Permanent or Temporary Resident in a guest room of a Hotel, Motel, or Inn already occupied by a Sex Offender, unless those persons are legally related by blood, marriage or adoption. 4940.9. SEX OFFENDER VIOLATION - HOTEL/MOTEL/INN PERMANENT RESIDENT. No Sex Offender shall be a Permanent Resident in any guest room of a Hotel, Motel, or Inn wherein a separate and distinct guest room is already occupied by a Sex Offender as a Permanent Resident. 9 4940.10, RESPONSIBLE PARTY VIOLATION -SINGLE FAMILY DWELLINGS. No Responsible Party shall knowingly rent a Single Family Dwelling to more than one (1) Sex Offender during any given period of tenancy, unless those persons are legally related by blood marriage or adoption. 4940.11. RESPONSIBLE PARTY VIOLATION -SINGLE FAMILY DWELLING TEMPORARY USE. No Responsible Party shall knowingly rent a Single Family Dwelling to a Sex Offender as a Temporary Resident. 4940.12. RESPONSIBLE PARTY VIOLATION - MULTI- FAMILYDWELLINGS. No Responsible Party shall knowingly rent a unit within a Multi- family Dwelling to more than one (1) Sex Offender during any given period of tenancy, unless those persons are legally related by blood, marriage or adoption. 4940.13. RESPONSIBLE PARTY VIOLATION - MULTI- FAMILY DWELLINGS MULTIPLE UNITS. No Responsible Party shall knowingly rent more than one (1) unit within aMulti-family Dwelling to a Sex Offender during any given period of tenancy. to 4940.14. RESPONSIBLE PARTY VIOLATION-MULTI- FAMILY DWELLINGS TEMPORARY USE. No Responsible Party shall knowingly rent any unit in aMulti-family Dwelling to a Sex Offender as a Temporary Resident. 4940.15. RESPONSIBLE PARTY VIOLATION -DUPLEX DWELLINGS. No Responsible Party shall knowingly rent a unit within a Duplex Dwelling to more than one (1) Sex Offender during any given period of tenancy, unless those persons are legally related by blood, marriage or adoption. 4940.16. RESPONSIBLE PARTY VIOLATION -DUPLEX DWELLINGS MULTIPLE UNITS. No Responsible Party shall knowingly rent more than one (1) unit within a Duplex Dwelling to a Sex Offender during any given period of tenancy. 4940.17. RESPONSIBLE PARTY VIOLATION-DUPLEX DWELLINGS TEMPORARY USE. No Responsible Party shall knowingly rent any unit in a Duplex Dwelling to a Sex Offender as a Temporary Resident. 4940.18. RESPONSIBLE PARTY VIOLATION - IIOTEL/MOTEL/INN. No Responsible Parry shall knowingly rent a guest room in a Hotel, Motel, or Inn to more than one (1) Sex Offender, unless those persons are legally related by blood, marriage or adoption. 4940.19. RESPONSIBLE PARTY VIOLATION - HOTEL/MOTEL/INN PERMANENT RESIDENT. No Responsible Party shall knowingly rent more than one (1) guest room in a Hotel, Motel or Inn to a Sex Offender as a Permanent Resident. 4940.20. MISDEMEANOR. Failure to comply with the above sections and any condition related thereto shall constitute a misdemeanor violation of this Code. 4940.21. CRIMINAL PENALTIES DO NOT SATISFY ADMINISTRATIVE OR CIVIL ACTIONS. Neither the arrest, prosecution, conviction, imprisonment, or payment of any fine for the violation of Chapter 9.4 shall satisfy or diminish the authority of the City to institute administrative or civil actions seeking enforcement of any or all of the provisions of this Chapter. 4940.22. CIVIL ACTIONS. Any person required to comply with any or all of the provisions of Chapter 9.4 shall be liable in an action filed by the City in any court of 12 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's fees incurred by the City in the prosecution of said enforcement action. SECTION 2. The Arcadia Police Department is directed to send copies of this ordinance to any Sex Offender who, on the effective date of this ordinance, is registered as living within the City of Arcadia. SECTION 3. The City of Arcadia, Office of the Arcadia City Attorney, is directed to send copies of this ordinance to those Property Owners identified by the Arcadia Police Department who, on the effective date of this ordinance, own Single Family Dwellings, Multi-family Dwellings, Duplex Dwellings, and/or commercial Hotels, Motels, and/or Inns occupied by more than one Sex Offender. SECTION 4. If any section, subsection, subdivision paragraph, sentence, clause or phrase of this chapter or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this chapter or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrases be declared unconstitutional. 13 SECTION 5. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of the same to be published in the official newspaper of the City of Arcadia within fifteen (15) days after its adoption. This Ordinance shall take effect on the thirty-first (31S`) day after its adoption. Passed, approved and adopted this 19th day of May , 2009. of City of Arcadia ATTEST: ;ty Clerk. APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 14 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS: CITY OF ARCADIA ) I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies that the foregoing Ordinance No. 2257 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 19th day of May, 2009 and that said Ordinance was adopted by the following vote, to wit: AYES: Council Member Amundson, Chandler, Harbicht, Kovacic and Wuo NOES: None ABSENT: None ity Clerk of the City of Arcadia is