HomeMy WebLinkAbout721ORDINANCE NO. 721
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF IRWINDALE,
CALIFORNIA REPEALING AND REPLACING IRWINDALE MUNICIPAL
CODE CHAPTER 8.32 (SEX OFFENDER RESIDENCY AND LOITERING
RESTRICTIONS) OF TITLE 8 (HEALTH AND SAFETY) REGARDING
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 known as "Jessica's Law," so as to better protect Californians, and, in
particular, to protect the State's children from sex offenders; and
WHEREAS, Proposition 83, codified as California Penal Code section 3003.5,
prohibits any person who is required to register as a sex offender per California Penal
Code sections 290 et seq. from residing within 2,000 feet of a public or private school or
any park where children regularly gather (Cal. Penal Code § 3003.5(b)), and permits local
regulation of sex offender residency (Cal. Penal Code § 3003.5(c)); and
WHEREAS, in reliance on the authority set forth in California Penal Code
subsection 3003.5(c) and its police power, the City Council of the City of Irwindale, like
many other cities in the state of California, adopted Ordinance No. 635, adding Chapter
8.32 to the Irwindale Municipal Code ("IMC"), entitled "Sex Offender Residency and
Loitering Restrictions," (the "Ordinance"); and
WHEREAS, the Ordinance prohibits a sex offender from: (i) residing as a
permanent or temporary resident in any residential exclusion zone, where "residential
exclusion zone" is defined as all properties located within five hundred feet of a child care
center, public or private school, or park; (ii) residing as a permanent or temporary resident
on a property within five hundred feet of another property on which a separate registered
sex offender is a permanent or temporary resident, unless those sex offenders are related
by blood, marriage, or adoption; (iii) residing as a temporary or permanent resident in a
single-family dwelling, or same dwelling unit of a multi -family dwelling, if such dwelling is
already occupied by another sex offender, unless those persons are legally related by
blood, marriage, or adoption; (iv) residing in a unit in a multi -family dwelling (e.g. duplex,
apartment house, condominium complex, etc.) as a permanent resident if there is another
unit in that multi -family dwelling 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; (v) renting or otherwise occupying as a temporary or permanent
resident the same guest room in a hotel with another registered sex offender, unless
those persons are legally related by blood, marriage, or adoption; or (vi) 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. These restrictions may be referred to collectively as the "Residency
Restrictions"; and
Ordinance No. 721
Page 1
WHEREAS, the Ordinance provides that its restrictions apply to "registered sex
offenders," which term is defined as "any person who is required to register under section
290 of the California Penal Code, regardless of whether that person is on parole or
probation'; and
WHEREAS, on March 2, 2015, the California Supreme Court issued its decision
in the case of In re Taylor, (2015) 60 Cal. 4th 1019, which addressed the validity of the
2,000 foot residency restriction for sex offender parolees under Section 3003.5(b) of the
Penal Code; and
WHEREAS, the In re Taylor Court ruled that the blanket enforcement of the
residency restrictions in Penal Code section 3003.5 against sex offender parolees in San
Diego County was unconstitutional. The Court found blanket enforcement of the
residency restrictions had "greatly increased homelessness" among registered sex
offenders on parole in the county and "hindered their access to medical treatment, drug
and alcohol dependency services, psychological counseling and other rehabilitative
social services available to all parolees, while further hampering the efforts of parole
authorities and law enforcement officials to monitor, supervise, and rehabilitate them in
the interests of public safety." (Id. at 1023, 1040.) Additionally, the Court found the
residency restrictions, as applied and enforced in San Diego County, "hampered efforts
to monitor, supervise and rehabilitate such parolees in the interests of public safety, and
as such, bears no rational relationship to advancing the state's legitimate goal of
protecting children from sexual predators." (Id. at 1042.); and
WHEREAS, most recently, on August 4, 2016, the Court of Appeal decided People
v. Lynch (2016) 2 Cal. App. 5th 524, narrowly interpreting Penal Code section 3003.5 as
applying only to parolees. People v. Lynch (2016) 2 Cal. App. 5th 524, 528 ["The
placement of Jessica's law residency restrictions immediately after the previously enacted
subdivision (a), which was applicable only to parolees, indicates the intent of the
Proposition 83's drafters to align and limit the "any person" reference in subdivision (b) to
the class of persons identified in subdivision (a) — parolees."].) The City's Ordinance
currently applies to '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." ;
WHEREAS, in light of the Taylor and Lynch decisions, the City of Irwindale has
conducted a comprehensive review of its Ordinance and ultimately determined to repeal
the Residency Restrictions and replace them with the provisions herein.
NOW, THEREFORE, the City Council of the City of Irwindale, does ordain as
follows:
Section 1. The forgoing recitals are true and correct and incorporated herein by
this reference.
Ordinance No. 721
Page 2
Section 2. Chapter 8.32 (Sex Offender Residency and Loitering Restrictions) of
Title 8 (Health and Safety) of the Irwindale Municipal Code is hereby repealed and
replaced in its entirety with the following:
"8.32.010 — Definitions.
For the purpose of this chapter, the following definitions shall apply unless
the context clearly indicates or requires a different meaning.
A. "Hotel" means 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.
B. "Multi -family dwelling" means a residential structure designed for the
permanent residency of two 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.
C. "Owner's authorized agent" means any person, firm, association, joint
venture, joint stock company, partnership, organization, club, company, limited
liability company, corporation, business trust, manager, lessee, agent, servant,
officer, or employee authorized to act for the property owner.
D. "Permanent resident" means 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 consecutive days.
E. "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.
F. "Responsible party" means a property owner and/or a property owner's
authorized agent.
G. "Sex offender parolee" means any person who is on parole for the
conviction of a crime on or after the effective date of this ordinance, for which
registration is required pursuant to Section 290 of the California Penal Code.
H. "Single-family dwelling" one permanent residential dwelling located on a
single lot. For the purposes of this chapter, a single-family dwelling shall include
any state -licensed residential facility which serves six or fewer persons.
I. "Temporary resident" means 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 consecutive days or fewer.
8.32.020 Sex offender parolee violation — Single-family and multi-familV dwellings.
A sex offender parolee shall be prohibited from renting or otherwise
occupying a single-family dwelling or a unit in a multi -family dwelling with another
sex offender parolee, regardless of the permanent or temporary residential status
of either sex offender parolee, unless those persons are legally related by blood,
marriage, or adoption.
Ordinance No. 721
Page 3
8.32.030 Sex offender parolee violation – Hotels
A sex offender parolee shall be prohibited from renting or otherwise
occupying the same guest room in a hotel with another sex offender parolee,
regardless of the permanent or temporary residential status of either sex offender
parolee, unless those persons are legally related by blood, marriage, or adoption.
8.32.040 Responsible party violation – Dwellings.
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 sex offender parolee, regardless of the permanent or
temporary residential status of either sex offender parolee during any given period
of tenancy, unless those persons are legally related by blood, marriage, or
adoption.
8.32.050 Responsible party violation—Hotels.
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 sex offender
parolee, regardless of the permanent or temporary residential status of either sex
offender parolee, unless those persons are legally related by blood, marriage, or
adoption.
8.32.060 Applicability.
This chapter shall apply to all sex offender parolees who establish a new
residence, and to all responsible parties who allow occupancy by a sex offender
parolee, within the City of Irwindale after the effective date of this ordinance.
8.32.070 Penalties.
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 declared to be a public nuisance that is injurious to the public health,
safety, and welfare.
8.32.080 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 to this section may be recovered in an
appropriate civil action. Alternatively, such liability may be enforced by
special assessment proceedings against the parcel of land upon which the
Ordinance No. 721
Page 4
nuisance existed, which proceedings must be conducted in a manner
substantially similar to the proceedings prescribed by Section 8.08.110 of
this code relating to assessment for abatement of property nuisances.
8.32.090 Eviction requirements.
If, in order to comply with this chapter, a responsible party is required to
terminate a sex offender parolee'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 sex offender parolee to remain as a tenant or other occupant.
8.32.100 Penalty/enforcement.
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 3. If any section, subsection, sentence, clause, phrase, or portion of this
ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Irwindale hereby declares that
it would have adopted this ordinance and each section, subsection, sentence, clause,
phrase, or portion thereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, or portions thereof may be declared invalid or
unconstitutional.
Section 4. This ordinance shall be in full force and effect thirty (30) days after
its second reading and adoption.
Section 5. This ordinance shall not apply to sex offenders who have established
residence in violation of the Residency Restrictions of Title 8, Chapter 8.32 of the
Irwindale Municipal Code prior to the effective date of this ordinance. Any sex offender
parolee who changes residence after the effective date of this ordinance must move to a
residence whose location is in compliance with the Residency Restrictions.
Section 6. The City Clerk shall certify to the passage and adoption of this
ordinance by the City Council of the city of Irwindale and shall cause a summary of this
ordinance to be published in accordance with Government Code § 36933.
Ordinance No. 721
Page 5
PASSED, APPROVED and ADOPTED at a regular meeting of the City Council on
this 28th day of February, 2018.
Albert F. Ambriz, Mayor Pro T
AT ST:
fi1
6Lurat. Nieto, MMC
Chief Deputy City Clerk
Ordinance No. 721
Page 6
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.
CITY OF IRWINDALE }
I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that
the foregoing Ordinance No. 721 was introduced for first reading at regular meeting held
February 14, 2018 and duly adopted by the City Council of the City of Irwindale, at a
regular meeting held on the 28th day of February 2018, by the following vote:
AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Ambriz, Burrola, Ortiz
None
Garcia, Mayor Breceda
None
40a
raurk M. Nieto, MMC
tbAf Deputy City Clerk
AFFIDAVIT OF POSTING
I, Laura M. Nieto, Chief Deputy City Clerk, certify that I caused a copy of Ordinance No. 721 adopted by
the City Council of the City of Irwindale at its regular meeting held February 28, 2018, to be posted at the
City Hall, Library, and Post Office on March 1, 2018.
' ` • Dated: _
jCef
. Nieto, MMC
puty City Clerk
3111f W
Ordinance No. 721
Page 7