HomeMy WebLinkAbout635ORDINANCE NO. 635
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE ADDING A
NEW CHAPTER 8.32 TO THE IRWINDALE MUNICIPAL CODE RELATING TO
IMPOSING RESIDENCY RESTRICTIONS ON REGISTERED 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, to protect the children of California from sex offenders;
WHEREAS, Proposition 83, as codified in subsection (b) of California Penal
Code section 3003.5; prohibits any person who is required to register as a sex offender
under Penal Code section 290 (hereinafter referred to as a "registered sex offender")
from residing within 2,000 feet of any public or private school, or any park where
children regularly gather;
WHEREAS, Proposition 83, as codified in subsection (c) of Penal Code section
3003.5, authorizes local governments to enact ordinances that further restrict the
residency of any registered sex offender;
WHEREAS, subsection (a) of Penal Code section 3003.5, enacted in 1998 prior
to Proposition 83, prohibits registered sex offenders who are on parole from residing in
a "single-family dwelling" with another registered sex offender during the parole period,
unless those persons are legally related by blood, marriage, or adoption, but for
purposes of this state statute, "single-family dwelling" does not include a residential
facility such as a group home that serves six or fewer persons;
WHEREAS, the City of Irwindale is becoming an increasingly attractive place of
residence for families with children;
WHEREAS, the City is concerned with recent occurrences in jurisdictions near
the City and elsewhere in California where multiple registered sex offenders have been
residing together or concentrated near to other registered sex offenders, and
occurrences with the City and elsewhere in California where registered sex offenders
have been residing near public or private schools and parks where children regularly
gather in violation of Penal Code 3003.5;
WHEREAS, by enacting Chapter 8.32, the City intends to eliminate any potential
conflict of land uses in residential neighborhoods and to reduce the potential dangers
associated with registered sex offenders living near families with children and places
where children frequently gather. Chapter 8.32 also regulates the number of registered
sex offenders permitted to reside in multiple family dwellings;
WHEREAS, in addition to public and private schools and local parks, the City
further finds that California state licensed day care facilities should also be protected
from registered sex offenders because they are places where children frequently gather;
Ordinance No. 635
Page 1
01005/0010/68083.02
WHEREAS, in order to foster compliance with the intent of this ordinance,
Chapter 8.32 also establishes regulations for property owners who rent residential
facilities to registered sex offenders;
WHEREAS, Article XI, Section 7 of the California Constitution authorizes the City
to enact and enforce ordinances that regulate conditions which may be public nuisances
or health hazards, or that promote social, economic, or aesthetic considerations;
WHEREAS, California Government Code Section 38773.5 authorizes cities to
adopt ordinances that provide for the recovery of attorneys fees in any action,
administrative proceeding, or special proceeding to abate a nuisance;
WHEREAS, registered sex offenders who reside within a Residential Exclusion
Zone, as defined by this ordinance, and registered sex offenders who reside in proximity
to other registered sex offenders in violation of this ordinance, and persons who
knowingly rent any single family dwelling, multi -family dwelling, duplex dwelling, or
commercial hotel, motel, or inn room to more than one registered sex offender, and
persons who knowingly rent more than one room or unit in the same multiple family
dwelling, duplex dwelling, hotel, motel, or inn to registered sex offenders create a public
nuisance that is injurious to the public health, safety, and welfare;
WHEREAS, based on City data, on
will be approximately 20 remaining acres
registered sex offenders can still reside; and
.e this ordinance becomes effective, there
within the City's residential zones where
WHEREAS, this ordinance is required for the preservation of the public peace,
health, and safety of the citizens of the City of Irwindale, and it shall be the intent of the
City Council that this ordinance be construed to have a retroactive application and
therefore apply to registered sex offenders who committed their offenses prior to the
effective date of this ordinance, provided that such registered sex offenders are not
otherwise exempted by the terms of this ordinance.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The Irwindale Municipal Code is hereby amended by adding a new
Chanter 8.32 to Title 8. Health and Safetv, which shall read as follows:
Ordinance No. 635
Page 2
Chapter 8.32 Sex Offender Residency and Loitering Restrictions
8.32.010 Definitions.
8.32.020 Residency Violation in Residential Exclusion Zone.
8.32.030 Residency Violation — Proximity to Other Offenders
8.32.040 Offender Violation — Concentration in Single Family and
Multi -Family Dwellings.
8.32.050 Offender Violation — Concentration in Hotels.
8.32.060 Responsible Party Violation — Concentration in Single
Family and Multi -Family Dwellings.
8.32.070 Responsible Party Violation — Concentration in Hotels.
8.32.080 Offenses Constituting Nuisances.
8.32.090 Nuisances; Recovery of Abatement Expenses.
8.32.100 Exemptions.
8.32.110 Eviction. Requirements.
8.32.120 Penalty/Enforcement.
8.32.010 Definitions.
For the purposes of this Chapter 8.32 only, the following definitions shall apply:
A. "Child" or "children" shall mean any person(s) under the age of eighteen
(18) years of age.
B. "Child care center" shall mean any facility licensed by the State of
California, Department of Social Services, 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 children 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.
C. "Hotel" shall mean a commercial establishment that rents guest rooms or
suites to the public on a nightly, weekly, or monthly basis, and shall include a motel and
an inn that operates in such capacity.
D. "Multi -family dwelling" shall mean a residential structure designed for the
permanent residency of two (2) 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.
E. "Owner's authorized agent" shall mean any natural person, firm,
association, joint venture, joint stock company, partnership, organization, club,
company, limited liability company, corporation, business trust, manager, lessee,
servant, officer, or employee, authorized to act for the property Owner.
F. "Park" shall include those areas as defined in Irwindale Municipal Code
section 17.08.418.
Ordinance No. 635
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G. "Permanent resident" shall mean any person who, on a given date, has
obtained a legal right to occupy or reside in, or has already, as of that date, occupied or
resided in, a single-family or multi -family dwelling or a hotel, for more than thirty (30)
consecutive days.
H. "Property owner" shall include 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.
I. "Registered sex offender" shall mean any person who is required to
register under section 290 of the California Penal Code, regardless of whether or not
that person is on parole or probation.
J. "Residential exclusion zone" shall mean all properties any part of which is
located within 500 feet from the closest property line of a child care center, public or
private school, or park.
K. "Responsible party" shall mean a property owner and/or a property
owner's authorized agent.
L. "Single-family dwelling" shall mean one permanent residential dwelling
located on a single lot. For the purposes of this Chapter 8.32, a single-family dwelling
shall include any state -licensed residential facility which serves six or fewer persons.
M. "Temporary resident" shall mean any person who, on a given date, has
obtained a legal right to occupy or reside in, or has already, as of that date, occupied or
resided in, a single-family or multi -family dwelling or a hotel, for a period of thirty (30)
consecutive days or less.
8.32.020 Residency Violation in Residential Exclusion Zone.
A registered sex offender shall be prohibited from becoming a permanent or
temporary resident in any residential exclusion zone.
8.32.030 Residency Violation — Proximity to Other Offenders.
A registered sex offender shall be prohibited from becoming a permanent or
temporary resident on a property any part of which is located within 500 feet from the
closest property line of a separate parcel on which a separate registered sex offender is
a permanent or temporary resident, unless those sex offenders are related by blood,
marriage, or adoption.
8.32.040 Sex Offender Violation — Concentration in Single Family and
Multi -Family Dwellings.
A. Same dwelling. A registered sex offender shall be prohibited from renting
or otherwise occupying a single-family dwelling or a unit in a multi -family dwelling with
another registered sex offender, regardless of the permanent or temporary residential
Ordinance No. 635
Page 4
status of either registered sex offender, unless those persons are legally related by
blood, marriage, or adoption.
B. Multiple dwellings. A registered sex offender shall be prohibited from
renting or otherwise occupying a unit in a multi -family dwelling as a permanent resident
if there is another unit in that multi -family dwelling that is already rented or otherwise
occupied by a registered sex offender as a permanent resident, unless those persons
are legally related by blood, marriage, or adoption.
8.32.050 Sex Offender Violation — Concentration in Hotels.
A. Same hotel room. 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.
B. Separate hotel rooms. A registered sex offender shall be prohibited from
renting or otherwise occupying a guest room in a hotel as a permanent resident if there
is another guest room in that hotel that is already rented or otherwise occupied by a
registered sex offender as a permanent resident, unless those persons are legally
related by blood, marriage, or adoption.
8.32.060 Responsible Party Violation — Concentration in Single Family
and Multi -Family Dwellings.
A. Same dwelling. A responsible party shall be prohibited from knowingly
allowing a single-family dwelling or a unit in a multi -family 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.
B. Multiple dwellings. A responsible party shall be prohibited from knowingly
allowing a unit in a multi -family dwelling to be rented or otherwise occupied by a
registered sex offender when a separate and distinct unit of the same multi -family
dwelling is already rented or otherwise occupied by a 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.
8.32.070 Responsible Party Violation — Concentration in Hotels.
A. Same hotel room. 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.
IOMI-
Ordinance No. 635
Page 5
B. Separate hotel rooms. A responsible party shall be prohibited from
knowingly allowing a guest room in a hotel to be rented or otherwise occupied by a
registered sex offender as a permanent resident if there is already a registered sex
offender renting or otherwise occupying another guest room in that hotel as a
permanent resident, unless those persons are legally related by blood, marriage, or
adoption.
8.32.080 Offenses Constituting Nuisances.
Any single-family dwelling, multi -family dwelling, or hotel operated or maintained
in a manner inconsistent with the occupancy requirements of this Section or of the
restrictions in Penal Code section 3003.5 is declared to be unlawful and is defined as
and declared to be a public nuisance that is injurious to the public health, safety, and
welfare.
8.32.090 Nuisances; Recovery of Abatement Expenses.
A. In any civil action or proceeding, administrative proceeding, or special
proceeding, including, but not limited to, those brought to abate a public nuisance, the
prevailing party will be entitled to recovery of all costs, attorneys fees, and expenses,
provided that attorneys fees will only be available in those actions or proceedings in
which the City has provided notice at the commencement of such action or proceeding
that it intends to seek and recover its own attorneys fees. In no action or proceeding
will an award of attorneys fees exceed the amount of reasonable attorneys fees
incurred by the City in the action or proceeding.
B. Moneys due the City pursuant tc
appropriate civil action. Alternatively, such
assessment proceedings against the parcel of
which proceedings must be conducted in
proceedings prescribed by Section 8.08.110 c
abatement of property nuisances.
8.32.100 Exemptions.
this Section may be recovered in an
liability may be enforced by special
land upon which the nuisance existed,
manner substantially similar to the
F this Code relating to assessment for
The provisions of this Chapter shall not apply to tenancies or other occupancies
which commenced prior to the effective date of this ordinance, or to the renewals of any
such tenancies or occupancies.
8.32.110 Eviction requirements.
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 Section by allowing the registered sex offender to
remain as a tenant or other occupant.
Ordinance No. 635
Page 6
8.32.120 Pena ltylenforcement.
Notwithstanding any other penalty provided by this Code or otherwise by law,
any person who violates this Chapter shall be guilty of a misdemeanor and shall be
subject to the penalties as set forth in Chapter 1.12 of this Code. Neither the arrest,
prosecution, conviction, imprisonment, nor payment of any fine for a violation of this
Chapter shall diminish the authority of the City to institute administrative or civil actions
seeking enforcement of any or all of the provisions of this Chapter.
Section 2. If any part of this ordinance, or its application to any person or
circumstance, is held to be invalid, the remainder of the ordinance, including the
application or provision to other persons or circumstances, shall not be affected and
shall continue in full force and effect. To this end, the provisions of this ordinance are
severable.
Section 3. This ordinance shall take effect thirty (30) days after its final passage by
the City Council.
Section 4. The Deputy City Clerk of the City of Irwindale is hereby directed to certify
to the passage and adoption of this Ordinance and to cause it to be published or posted
as required by law.
PASSED, APPROVED, and ADOPTED this 10th day of June 2009.
ATTEST:
' da J. Ki b o,
MC
Deputy City Clerk
I-affiy G. Burrola, Mayor
Ordinance No. 635
Page 7
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.
CITY OF IRWINDALE }
I, Linda J. Kimbro, Deputy City Clerk of the City of Irwindale, do hereby certify
that the foregoing Ordinance No. 635 was duly introduced at a regular meeting of the
Irwindale City Council held on the 27th day of May 2009, and was duly approved and
adopted on second reading at its regular meeting held on the 10th day of June 2009, by
the following vote of the Council:
AYES: Councilmembers: Breceda, Fuentes, Garcia, Ortiz, Mayor Burrola
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
a J. Kimr , MMC
Deputy City C erk
AFFIDAVIT OF POSTING
I, Linda J. Kimbro, Deputy City Clerk, certify that I caused a copy of Ordinance No. 635, adopted by the City Council of the City of
Irwindale at its regular meeting held June 10, 2009. to be posted at the City Hall, Library, and Post Office on June 11, 2009.
r
' Dated: June 11, 2009
La J. Kimbro C
Deputy City Cl
Ordinance No. 635
Page 8