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HomeMy WebLinkAbout2009-04-28 - AGENDA REPORTS - PROPOSITION 83 SEX OFFENDERS (2)CONSENT CALENDAR DATE: SUBJECT: DEPARTMENT: Agenda Item: 3 CITY OF SANTA CLARITA AGENDA REPORT City Manager Approval Item to be presented by: April 28, 2009 Farah Awan PROPOSITION 83 AND PROPOSED CITY ORDINANCE RESTRICTING RESIDENCY OF REGISTERED SEX OFFENDERS City Manager's Office RECOMMENDED ACTION City Council introduce and pass to second reading an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING THE SANTA CLARITA MUNICIPAL CODE BY ADDING CHAPTER 11.74 TO TITLE 11 "RELATING TO REGISTERED SEX OFFENDER RESIDENCY RESTRICTIONS." BACKGROUND On November 7, 2006, the voters of the State of California approved Proposition 83, "The Sexual Predator Punishment and Control Act: Jessica's Law," to better protect Californians, especially children, from sex offenders. Among other restrictions, Proposition 83 added Penal Code section 3003.5(b) which states that registered sex offenders cannot live within 2,000 feet of any public or private school, or park where children regularly gather. Also added was subsection (c) which allows local jurisdictions to enact local ordinances which further restrict those areas where a registered sex offender may live. At the direction of the City Council, City staff was requested to examine the restrictions of Proposition 83, as well as any further residency restrictions the City may legally enact pursuant to the provisions of Proposition 83. Direction was given to research the consideration of restricting residency of sex offenders within 2,000 feet of trails, parks, paseos, and open space within the City; all places where local children regularly gather in conformance to the proposition. In addition, the City Council received a letter from Supervisor Michael Antonovich notifying the City of Santa Clarita that the County of Los Angeles Board of Supervisors unanimously Ordinance passed to second reading approved his motion to adopt an ordinance imposing additional residential restrictions on sex offenders. Particular to the Santa Clarita Valley, the County ordinance governs the unincorporated areas surrounding the City of Santa Clarita. The County ordinance further extends residency restrictions to include child care facilities, and places restrictions on temporary and permanent residency in hotels and multi -family dwellings so sex offenders may not reside together unless those persons are legally related by blood, marriage, or adoption. The County is encouraging cities, such as the City of Santa Clarita, to implement a similar ordinance within City limits to ensure for countywide consistency. Until recently, the state law was unenforceable due to pending litigation. Therefore, the City of Santa Clarita was unable to implement an ordinance until the state law became active. Recent Federal Court decisions have determined that the provisions of Jessica's Law are not retroactive. Therefore, any sex offender legally occupying any residence within 2,000 feet of prohibited areas prior to November 8, 2006, may continue to occupy their residence and not be deemed to be in violation of Jessica's Law. Should such an offender, subsequent to November 8, 2006, move near prohibited areas after the effective date of this law, the residency provisions would apply. In accordance with Penal Code section 3003.5(c) of the California state law, the City of Santa Clarita may enact an ordinance that further restricts residency of offenders from locations where children regularly gather. In addition to public and private schools and local parks, the proposed ordinance defines locations "where children regularly gather" to include child care centers and extensions of park and play areas which would include trails, paseos, and open space. The proposed ordinance will further restrict residency of offenders by 2,000 feet from these additional locations. Also, under Penal Code Section 3003.5, enacted in 1998 prior to Proposition 83, registered sex offenders on parole are prohibited from residing in a "single-family dwelling" with other registered sex offenders during the parole period, unless those persons are legally related by blood, marriage, or adoption. However, as written the Penal Code does not govern "multi -family dwellings." There have been known occurrences of violations of the intent of the penal code throughout California where multiple registered sex offenders have been residing together or in same complexes near families and children and places where children frequently gather. Therefore, if the proposed ordinance is enacted it would regulate the number of registered sex offenders permitted to reside in multi -family dwellings as a permanent or a temporary 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 residence, unless those persons are legally related by blood, marriage or adoption. The proposed ordinance would also regulate the residency of sex offenders in hotel establishments. . In order to foster compliance with the intent of this ordinance, the proposed ordinance establishes regulations for property owners who rent residential and hotel facilities to registered sex offenders. Currently, the City of Santa Clarita has no provision in the municipal code regulating the M, residency of registered sex offenders. With the implementation of the proposed ordinance: The City will restrict the residency of sex offenders who have been convicted, paroled, given probation or released after November 8, 2006, from locations prohibited by Proposition 83. Furthermore, the ordinance will prospectively restrict residency of sex offenders within 2,000 feet from child care centers, trails, parks, paseos, open space, and other places where children regularly gather within City limits upon the effective date of the ordinance. 2. The City, consistent with recent Federal Court rulings concerning Proposition 83, may not apply this ordinance restricting residency of a sex offender retroactively. As such, the additional location provisions of the ordinance may not apply to a person who resides in a restricted area prior to the ordinance effective date. If passed, provisions of the ordinance would be enforced by the Santa Clarita Sheriffs Department. Enforcement of a violation will be by means of a civil enforcement process through a restraining order, a preliminary or permanent injunction, or by other means available by law. Cities such as Baldwin Park, El Monte, Lancaster, Palmdale, Pomona, and West Covina and the Counties of Fresno, Los Angeles, and Riverside have implemented similar ordinances. FISCAL IMPACT There is no fiscal impact by this action because enforcement by the Sheriff's Department is contained within existing contractual services included in the adopted Fiscal Year 2008-09 City of Santa Clarita budget. ATTACHMENTS Ordinance - Residency Restrictions on Sex Offenders Map Depicting Residential Restrictions for Registered Sex Offenders ORDINANCE NO. 09 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING CHAPTER 11.74 OF TITLE 11, OF THE SANTA CLARITA MUNICIPAL CODE RELATING TO REGISTERED SEX OFFENDER RESIDENCY RESTRICTIONS THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. RECITALS. THE CITY COUNCIL FINDS AS FOLLOWS: (a) On November 7, 2006, the California voters approved Proposition 83 also known as "The Sexual Predator Punishment and Control Act: Jessica's Law," which among other changes amended Section 3003.5 of the California Penal Code permitting further restrictions on the residency of registered sex offenders who were (1) convicted after November 8, 2006, and (2) paroled, given probation, or released from incarceration after November 8, 2006. The new law provides that covered registered offenders may not reside within 2,000 feet of any public or private school or park where children regularly gather. (b) Proposition 83, as codified in subsection (c) of the Penal Code section 3003.5, authorizes local governments to enact ordinances that further restrict the residency of any registered sex offender. (c) 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. 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; (d) There have been occurrences within California where multiple registered sex offenders have been residing together in violation of Penal Code section 3003.5. (e) By enacting Chapter 11.74, the City of Santa Clarita intends to eliminate any potential conflict of land uses in residential neighborhoods and to reduce the potential dangers associated with multiple registered sex offenders living near families with children and places where children frequently gather. Chapter 11.74 also regulates the number of registered sex offenders permitted to reside in multiple family dwellings. (f) In addition to public and private schools and local parks, the City of Santa Clarita further finds that other public places that children frequently gather, such as childcare centers, should also be protected from registered sex offenders. (g) The City of Santa Clarita places a high priority on maintaining public safety within its borders. Sex offenders have very high recidivism rates, higher than any other type of violent felon. Therefore the City Council must take all necessary actions in order to protect children from these dangerous predators. (h) This ordinance is required for the preservation of the public peace, health, and safety of the citizens of the County. (i) The City, therefore desires to amend Title 11 of the Municipal Code adding Chapter 11.74 to further restrict the residency of the covered sex offenders within the City. SECTION 2. Definitions For the purpose of this Chapter, the following definitions shall apply: (a) "Child" of "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 of for the protection of children for 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 any areas owned, leased, controlled, maintained, or managed by a public entity which are open to the public where children regularly gather and which provide recreational, cultural, and/or community service activities including, but not limited to, playgrounds, playfields,athletic courts, trails, paseos, and open space. (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, 2 i 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. 0) "Residential exclusion zone" shall mean any area located within two thousand (2,000) feet from the nearest property line of the subject property to the nearest property line of a child care center, public or private school (grades K through 12), park, or public library. (k) "Responsible party" shall mean a property owner and/or a property owner's authorized agent. (1) "Single-family dwelling" shall mean one permanent residential dwelling located on a single lot. For purposes of this Chapter, single-family dwelling shall not 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. SECTION 3. Registered sex offender prohibition/residential exclusion zone. A registered sex offender shall be prohibited from becoming a permanent or temporary resident in any residential exclusion zone. SECTION 4. Registered sex offender prohibition/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 amulti-family dwelling 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) Multiple dwellings. A registered sex offender shall be prohibited from renting or otherwise occupying any single-family dwelling or any unit in a multi -family dwelling as a temporary resident. SECTION 5. Registered sex offender prohibition/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 room as a permanent resident if there is another guest room in the hotel that is already rented or otherwise occupied by a registered sex offender 9 as a permanent resident, unless those persons are legally related by blood, marriage, or adoption. SECTION 6. Eviction requirements. If, in order to comply with Section 4 or Section 5, 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 Chapter 11.74 by allowing the registered sex offender to remain as a tenant or other occupant. SECTION 7. Penalty/enforcement. Notwithstanding any other penalty provided by this Code or otherwise by law, any person who violates this Chapter 11.74 shall be guilty of a misdemeanor and, in addition, the City may enforce the violation by means of a civil enforcement through a restraining order, a preliminary or permanent injunction, or by other means available by law. SECTION 8.Applicability. The provisions of this chapter shall not apply to: (a) Tenancies or other occupancies which commenced prior to the effective date of this ordinance, or the renewals of any such tenancies or occupancies; or (b) A registered sex offender who committed the offense resulting in such registration prior to the effective date of this ordinance. SECTION 9. This Ordinance shall be in full force and effect thirty (30) days from its passage and adoption. SECTION 10. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published as required by law. PASSED, APPROVED AND ADOPTED this day of 12009. ATTEST: CITY CLERK MAYOR STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance 09- was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the day of, 2009. That thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City Council on the day of , 2009, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: AND I FURTHER CERTIFY that the foregoing is the original of Ordinance and was published in The Signal newspaper in accordance with State Law (G.C. 40806). CITY CLERK 8 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) CERTIFICATION OF CITY COUNCIL ORDINANCE I, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that this is a true and correct copy of the original Ordinance 09- , adopted by the City Council of the City of Santa Clarita, CA on , 2009, which is now on file in my office. Witness my hand and seal of the City of Santa Clarita, California, this day of , 2009. Sharon L. Dawson, MMC City Clerk By Susan L. Caputo, CMC Deputy City Clerk �1 L I • � _yam ,CEJ ••