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Home My WebLink About2009-05-12 - ORDINANCES - SEX OFFENDERS RESIDENCY (2)ORDINANCE NO. 09-5 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 child care 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 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 a multi -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 prohibitionihotels. (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 3 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 12th day of May, 2009. ATTEST: CITY CLERK 4 1 i STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Sharon L. Dawson, MMC, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance 09-5 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 28th day of, April 2009. That thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City Council on the 12th day of May, 2009, by the following vote, to wit: AYES: COUNCILMEMBERS: Weste, McLean, Ender, Kellar, Ferry NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None AND I FURTHER CERTIFY that the foregoing is the original of Ordinance 09-5 and was published in The Signal newspaper in accordance with State Law (G.C. 40806). W CITY CLERK 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 09-5, adopted by the City Council of the City of Santa Clarita, CA on May 12, 2009, which is now on file in my office. Witness my hand and . seal of the City of Santa Clarita, California, this day of 20 Sharon L. Dawson, MMC City Clerk By Susan L. Caputo, CMC Deputy City Clerk n 1