Ordinance - 2178ORDINANCE NO.2178
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA AMENDING THE WEST COVINA MUNICIPAL CODE BY
REPEALING SECTION 15-19 IN ITS ENTIRETY AND BY ADDING A
NEW SECTION 15-19 TO INCLUDE RESIDENCY AND LOITERING
RESTRICTIONS FOR 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, the children of this
State from sex offenders;
WHEREAS, Proposition 83 enacted subsection (b) of Penal Code Section 3003.5 which
prohibits any registered sex offender on parole to the California Department of Corrections and
Rehabilitation — Division of Adult Parole Operations, 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 municipal jurisdictions to enact local ordinances that further restrict the residency of
any registered sex offender, whether or not on parole or probation;
WHEREAS, local ordinances authorized by subsection (c) of Penal Code section 3003.5
are permitted to regulate the number of registered sex offenders that reside in a residential
facility, including those facilities which serve six or fewer persons commonly referred to as
sober living facilities, and are considered a single family dwelling pursuant to Health and Safety
Code section 1566.3;
WHEREAS, the City of West Covina is becoming an increasingly attractive place of
residence for families with Children;
WHEREAS, there are approximately 109 registered sex offenders in the City of West
Covina, and approximately 4 of these registered sex offenders are on parole;
WHEREAS, the City is concerned with recent occurrences within the City, the San
Gabriel Valley, the County of Los Angeles and elsewhere in the State of California, where
multiple registered sex offenders have been residing in clusters in violation of subsection (b) of
Penal Code section 3003.5;
WHEREAS, because West Covina Municipal Code Section 15-19 is intended 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, coupled with the fact that subsection (a) of
Penal Code section 3003.5 expressly refers to "single family dwellings" as opposed to "multiple
family dwellings," Section 15-19 shall also regulate the number of registered sex offenders
permitted to reside in multiple family dwellings;
WHEREAS, in addition to public and private schools and parks, the City further finds
that California State licensed day care facilities are necessarily included as places where children
frequently gather;
WHEREAS, there is currently no State law or local ordinance that prohibits registered
sex offenders from loitering near places where children congregate, therefore, Section 15-19
shall also prohibit registered sex offenders from loitering within a 300 foot radius from locations
where children gather;
WHEREAS, in order to foster compliance with the intent of this ordinance, Section 15-
19 shall also establish regulations of registered sex offenders and the property owners who rent
to them;
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Ordinance No. 2178
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 pass
ordinances that provide for the recovery of attorney's fees in any action, administrative
proceeding, or special proceeding to abate a nuisance•,
WHEREAS, Sex Offenders who reside within a Residential Exclusion Zone and
Responsible Parties who knowingly rent any Single Family Dwelling, Multi -family Dwelling,
Duplex Dwelling, and/or commercial Hotel, Motel, or Inn rooms to more than one (1) Sex
Offender create a public nuisance that is injurious to the public health, safety and welfare;
WHEREAS, Sex Offenders have a dramatically higher recidivism rates than do any
other type of violent felons. According to a 1998 report by the U.S. Department of Justice, sex
offenders are the least likely to be cured and the most likely to re -offend, and they prey on the
most innocent members of our society. More than two-thirds of the victims of rape and sexual
assault are under the age of 18; and
WHEREAS, this ordinance is required for the immediate preservation of the public
peace, health, safety, and it shall be the intent of the City Council to construe this ordinance as
having retroactive application.
NOW, THEREFORE, be it ordained by the Council of the City of West Covina as
follows:
SECTION 1. West Covina Municipal Code section 15-19 is hereby repealed in its
entirety and a new section 15-19, entitled "Sex Offender Residency and Loitering Restrictions,"
is hereby added to read as follows:
Sec. 15-19 Sex Offender Residency and Loitering Restrictions.
See.15-19.1 Definitions.
For the purposes of this Section only, and unless the context clearly requires a different
meaning, the words, terms and phrases set forth in this section are defined as follows:
A. "Child" or "Children" shall mean any person(s) under the age of eighteen
years of age.
B. "Child Care Center" shall mean any State of California, Department of
Social Services licensed facility 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 the individual 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 those areas located within three hundred
(300) feet from the nearest property line of a child care center, public or private school
grades K through 12, park, public library, public swimming or wading pool, commercial
establishment that provides any area in or adjacent to such establishment as a children's
playground, or any location that facilitates on the property classes or group activities for
children, or school bus stops.
D. "Duplex" shall mean a residential land use for a building containing two
dwelling units.
E. "Hotel/Motel" shall mean a commercial land use for the rental of six (6) or
more guest rooms or suites for primarily temporary residency for a period of not more
than thirty (30) consecutive days.
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Ordinance No. 2178
F. "Inn" shall mean a commercial land use for the rental of five (5) or fewer
guest rooms or suites primarily for temporary residency for a period of not more than
thirty (30) consecutive days.
G. "Loiter" shall mean to delay, linger, or idle about a Child Safety Zone
without lawful business and purpose for being present.
H. "Multi -family Dwelling" shall mean a building designed for permanent
residency for three (3) or more families living independently of each other. This includes
apartment houses and condominiums, but does not include hotels, motels or inns.
I. "Owner's Authorized Agent" shall mean any natural person, firm,
association, joint venture, joint stock company, partnership, organization, club, company,
corporation, business trust or the manager, lessee, agent, servant, officer or employee
authorized to act for the owner of a property.
J. "Park" shall include any areas publicly owned, leased, controlled,
maintained or managed by a city or county which are open to public use for recreational,
cultural and community service activities, and include, but are not limited to, beaches,
playgrounds, playfields, athletic courts, and dog park recreation areas.
K. "Permanent Resident" shall mean any person who, as of a given date,
obtained the right to occupy a dwelling including but not limited to a Duplex, Multi-
family Dwelling, Single Family Dwelling, Hotel, Motel, or Inn for more than thirty (30)
consecutive days.
L. "Property Owner" as applied to buildings and land shall mean the owner
of record of any parcel of real property as designated on the county assessor's tax roll, or
a holder of a subsequently recorded deed to the property and shall include any part
owner, joint owner, tenant, tenant in common or joint tenant, of the whole or a part of
such building or land.
M. "Residential Exclusion Zone" shall include those areas located within two
thousand (2,000) feet of the closest property line of the subject property to the closest
property line of a child care center, public or private school grades K through 12, or park
in which a sex offender is prohibited from temporarily or permanently residing.
N. "Responsible Party" shall mean the Property Owner and/or the Owner's
Authorized Agent.
O. "Sex Offender" means any person for whom registration is required
pursuant to Section 290 of the California Penal Code, regardless of whether that person is
on parole or probation.
P. "Single Family Dwelling" means one (1) permanent residential dwelling
located on a single lot with yard areas that separate that dwelling from other dwellings.
Q. "Temporary Resident" means any person who, for a period of thirty (30)
days or less, obtained the right to occupy a dwelling including but not limited to a Hotel,
Motel or Inn.
Sec. 15-19.2 Violation of Child Safety Zone.
No Sex Offender shall Loiter in a Child Safety Zone.
Sec. 15-19.3 Violation of Residential Exclusion Zone.
Zone.
No Sex Offender shall be a Permanent or Temporary Resident in a Residential Exclusion
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Ordinance No. 2178
Sec. 15-19.4 Sex Offender Violation -Single Family Dwellings.
No Sex Offender shall be a Permanent or Temporary Resident in a Single Family
Dwelling already occupied by a Sex Offender unless those persons are legally related by blood
marriage or adoption.
Sec. 15-19.5 Sex Offender Violation -Multi Family Dwellings.
No Sex Offender shall be a Permanent or Temporary Resident in a Duplex Dwelling
already occupied by a Sex Offender, unless those person are legally related by blood, marriage or
adoption.
Sec. 15-19.6 Sex Offender Violation -Duplex Dwellings.
No Sex Offender shall be a Permanent or Temporary Resident in a Duplex Dwelling
already occupied by a Sex Offender, unless those persons are legally related by blood, marriage
or adoption.
Sec. 15-19.7 Sex Offender Violation-Hotel/Motel/Inn.
No Sex Offender shall be a Permanent or Temporary Resident in a guest room of a Hotel,
Motel, or Inn already occupied by a Sex Offender, unless those persons are legally related by
blood, marriage or adoption.
Sec. 15-19.8 Sex Offender Violation-Hotel/Motel/Inn Multiple Rooms.
No Sex Offender shall knowingly be a Permanent or Temporary Resident in a guest room
of a Hotel, Motel, or Inn wherein a separate and distinct guest room is already occupied by a Sex
Offender as a Permanent or Temporary Resident.
Sec. 15-19.9 Responsible Party Violation -Single Family Dwellings.
No Responsible Party Shall Knowingly rent a Single Family Dwelling to more than one
(1) Sex Offender during any given period of tenancy, unless those persons are legally related by
blood, marriage or adoption.
Sec. 15-19.10 Responsible Party Violation -Single Family Dwellings Temporary Use.
No Responsible Party shall knowingly rent a Single Family Dwelling to a Sex Offender
as a Temporary Resident.
Sec. 15-19.11 Responsible Party Violation -Multi -Family Dwellings.
No Responsible Party shall knowingly rent a unit within a Multi -family Dwelling to more
than one (1) Sex Offender during any give period of tenancy unless those persons are legally
related by blood, marriage or adoption.
See. 15-19.12 Responsible Party Violation -Multi -Family Dwellings Multiple Units.
No Responsible Party Shall knowingly rent more than one unit within a Multi -family
Dwelling to a Sex Offender during any given period or tenancy.
See. 15-19.13 Responsible Party Violation -Multi -Family Dwellings Temporary Use.
No Responsible Party shall knowingly rent any Multi -family Dwelling to a Sex Offender
as a Temporary Resident.
See. 15-19.14 Responsible Party Violation -Duplex Dwellings.
No Responsible Party shall knowingly rent a unit within a Duplex Dwelling to more than
one (1) Sex Offender during any given period or tenancy, unless those persons are legally related
by blood, marriage or adoption.
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Ordinance No. 2178
Sec. 15-19.15 Responsible Party Violation -Duplex Dwellings Multiple Units.
No Responsible Party shall knowingly rent more than one (1) unit within a Duplex,
Dwelling to a Sex Offender during any given period or tenancy.
Sec. 15-19.16 Responsible Party Violation -Duplex Dwellings Temporary Use.
No Responsible Party shall knowingly rent any Duplex Dwelling to a Sex Offender as a
Temporary Resident.
Sec. 15-19.17 Responsible Party Violation-HoteUMoteUInn.
No Responsible Party shall knowingly rent a guest room in a Hotel, Motel, or Inn to more
than one (1) Sex Offender, unless those persons are legally related by blood marriage or
adoption.
Sec. 15-19.18 Responsible Party Violation-Hotel/Motel/Inn Multiple Rooms.
No Responsible Party shall knowingly rent more than one (1) guest room in a Hotel,
Motel, or Inn to a Sex Offender as a Permanent or Temporary Resident.
Sec. 15-19.19 Offenses Constituting Nuisances.
Any Duplex, Hotel, Motel, Inn, Multi -family Dwelling, or Single Family Dwelling
operated or maintained in a manner inconsistent with the occupancy requirements of this Section
or the restrictions of 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.
Sec. 15-19.20 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 action 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 nuisance existed, which proceedings must be
conducted in a manner substantially similar to the proceedings prescribed by section 15-211 et
seq. of this Code relating to assessment for abatement of property nuisances.
See.15-19.21 Penalties.
Every Person who violates any provision of this Section shall be guilty of a misdemeanor
and shall be subject to the penalties as set forth in Section 1-37 of this Code.
Sec. 15-19.22 Criminal Penalties Do Not Satisfy Administrative or Civil Actions.
Neither the arrest, prosecution, conviction, imprisonment, nor payment of any fine for a
violation of Section 15-19 shall satisfy or 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 West Covina Police Department is directed to send copies of
this ordinance to those Property Owners who are known to own Single Family Dwellings, Multi-
family Apartment Houses, Duplex Dwellings, and/or commercial Hotels, Motels and/or Inns
occupied by more than one Sex Offender on the effective date of this ordinance.
SECTION 3. Notwithstanding any provision of this ordinance to the contrary, any
Responsible Party in violation of the provisions of Section 15-19 prior to the effective date of
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Ordinance No.2178
this ordinance, shall be granted a three (3) month compliance period, commencing with the
effective date of this ordinance, to bring their property into conformity with the provisions of
Section 15-19.
SECTION 4. 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 5. The City Clerk shall certify to the passage of this ordinance by the City
Council of the City of West Covina and cause it to be posted in three conspicuous places in the
City of West Covina, and it shall take effect thirty (30) days following its passage.
APPROVED AND ADOPTED on this 1" day of July, 2008.
Mayor Sherri Lane
ATTEST:
C4CIerkrie Carrico
1, LAURIE CARRICO, CITY CLERK of the City of West Covina, California, do hereby certify
that the foregoing Ordinance was regularly introduced and placed upon its first reading at a
regular meeting of the City Council on the 17°i day of June 2008. That thereafter said Ordinance
was duly adopted and passed at a regular meeting of the City Council on the 1" day of July 2008,
by the following vote:
AYES: Herfert, Hernandez, Touhey, Lane
NOES: None
ABSENT: Sanderson
ABSTAIN:
None
APPROVED AS TO FORM:
ity Attomey Xmold Alvarez-Glasman
J,.LA, 44'�-
City Clerk La rie Carrico
CERTIFICATION
I, Susan Rush, Assistant City Clerk of the City of West Covina, State of California, do
hereby certify that a true and accurate copy of Ordinance No. 2178 was duly enacted and passed
by the West Covina City Council, and caused to be posted pursuant to law (G.C. 36933), at the
following locations:
West Covina City Clerk's Office (3`d floor)
Los Angeles County Public Library (West Covina Branch)
West Covina Police Department (front lobby)
Susan Rush, Astant City Clerk
Posted: July 7, 2008