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
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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:
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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.
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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.
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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,
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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,
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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.
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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.
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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
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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.
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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
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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