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HomeMy Public PortalAboutOrd. 1613ORDINANCE NO. 1613 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADDING A NEW SECTION 3 -32 TO THE LYNWOOD MUNICIPAL CODE RELATING TO IMPOSING RESIDENCY AND LOITERING 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 Lynwood is becoming an increasingly attractive place of residence for families with children; WHEREAS, there are approximately 50 registered sex offenders in the City of Lynwood; WHEREAS, the City is concerned with recent occurrences within the City and elsewhere in California where multiple registered sex offenders have been residing together, 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 Section 3 -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. Section 3 -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; WHEREAS, because there is currently no state law or local ordinance that prohibits registered sex offenders from loitering near places where children congregate, Section 3 -32 shall also prohibit registered sex offenders from loitering within a 2,000 foot radius from certain locations where children gather; WHEREAS, in order to foster compliance with the intent of this ordinance, Section 3 -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 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, once this ordinance becomes effective, there will be 59 remaining acres within the City's residential zones where registered sex offenders can still reside; and WHEREAS, this ordinance is required for the preservation of the public peace, health, and safety of the citizens of the City of Lynwood, 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 LYNWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The Lynwood Municipal Code is hereby amended by adding a new Section 3 -32 to Chapter 3, Public Safety Regulations, which shall read as follows: Section 3 -32 Sex Offender Residency and Loitering Restrictions 3 -32.1 Definitions. 3 -32.2 Loitering Violation in Child Safety Zone. 3 -32.3 Residency Violation in Residential Exclusion Zone. 3 -32.4 Sex Offender Violation — Concentration in Single Family and Multi - Family Dwellings. 3 -32.5 Sex Offender Violation — Concentration in Hotels. 3 -32.6 Responsible Party Violation — Concentration in Single Family and Multi - Family Dwellings. 3 -32.7 Responsible Party Violation — Concentration in Hotels. 3 -32.8 Offenses Constituting Nuisances. 3 -32.9 Nuisances; Recovery of Abatement Expenses. 3 -32.10 Exemptions. 3 -32.11 Eviction Requirements. 3 -32.12 Penalty /Enforcement. 3 -32.1 Definitions. For the purposes of this Section 3 -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. "Child safety zone" shall include any area located within three hundred (300) feet from the nearest property line of a child care center, public or private school, park, public library, public swimming pool or wading pool, commercial establishment that provides a child's playground either in or adjacent to the establishment, a location that holds classes or group activities for children, and /or any school bus stop. D. "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. E. "Loiter" shall mean to delay, linger, remain, wander, or idle about without any apparent purpose. F. "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. G. "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. H. "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, and athletic courts. I. "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. J. "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. K. "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. L. "Residential exclusion zone" shall mean all properties any part of which is located within 2,000 feet from the closest property line of a child care center, public or private school, or park. M. "Responsible party" shall mean a property owner and /or a property owner's authorized agent. N. "Single- family dwelling" shall mean one permanent residential dwelling located on a single lot. For the purposes of this Section 3 -32, a single - family dwelling shall include any state - licensed residential facility which serves six or fewer persons. O. "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. 3 -32.2 Loitering Violation in Child Safety Zone. A registered sex offender shall be prohibited from loitering within 2,000 feet of a child safety zone. 3 -32.3 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. 3 -32.4 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 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. 3 -32.5 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. 3 -32.6 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. 3 -32.7 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. 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. 3 -32.8 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. 3 -32.9 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 attorney's fees exceed the amount of reasonable attorney's 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 nuisance existed, which proceedings must be conducted in a manner substantially similar to the proceedings prescribed by Section 3 -13 et seq. of this Code relating to assessment for abatement of property nuisances. 3 -32.10 Exemptions. The provisions of this Section 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. 3 -32.11 Eviction requirements. If, in order to comply with this Section, 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. 3 -32.12 Penalty /enforcement. Notwithstanding any other penalty provided by this Code 'or otherwise by law, any person who violates this Section shall be guilty of a misdemeanor and shall be subject to the penalties as set forth in Section 1 -5 of this Code. Neither the arrest, prosecution, conviction, imprisonment, nor payment of any fine for a violation of this Section shall diminish the authority of the City to institute administrative or civil actions seeking enforcement of any or all of the provisions of this Section. Section 2. The City of Lynwood is directed to send a copy of this ordinance, along with a notice letter, to those property owners who are known to own single - family dwellings, multi - family dwellings, or hotels, as those terms are defined by this ordinance, which are occupied by one or more registered sex offenders on the effective date of this ordinance. The notice shall clearly state that the ordinance does not apply to tenancies or other occupancies which commenced prior to the effective date of the ordinance, nor to renewals of any such tenancies or occupancies. The notice shall contain the names and addresses /apartment numbers of each registered sex offender known to be a resident of the property. The notice shall also state that the purpose of the notice is to protect members of the public and their children from registered sex offenders. Section 3. 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 4. This ordinance shall take effect thirty (30) days after its final passage by the City Council. Section 5. The City Clerk of the City of Lynwood 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. First read at a regular meeting of the City Council held on the 215` day of April, 2009, and adopted and ordered published at a regular meeting of said Council on the 6th day of May, 2009. /_11611*'1il i Maria Quinonez, City Clerk APPROVED AS TO FORM: Fred Galante, City Attorney Maria T. Santillan, Mayor N APPROVED AS TO CONTENT: Debora ac s n, birector Neighborhood 9&&ices STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing Ordinance was duly adopted by the City Council of the City of Lynwood at its regular meeting held on the 6th day of May, 2009. AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO, AND SANTILLAN NOES: ABSTAIN: ABSENT: Maria Quinonez, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Ordinance No. 1613 in my office and that said Ordinance was adopted on the date and by the vote therein stated. Dated this 6`h day of May, 2009. i Maria Quinonez, City Clerk