Ordinance - 2282ORDINANCE NO.2282
AN ORDINANCE OF THE CITY OF WEST COVINA, CALIFORNIA,
ADDING SECTION 15-19 (SEX OFFENDER RESIDENCY
RESTRICTIONS) OF ARTICLE I (GENERAL) OF CHAPTER 15
(MISCELLANEOUS PROVISIONS RELATING TO PUBLIC HEALTH
AND SAFETY), RELATING TO CERTAIN 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, to
better protect Californians, and, in particular, the children of this State, from sex
offenders; and
WHEREAS, before the passage of Proposition 83, Penal Code Section 3003.5(a) provided that
a person released on parole after having served a term of imprisonment in state
prison for any offense for which registration is required pursuant to Penal Code
Section 290, may not, during the period of parole, reside in any single family
dwelling with any other person also required to register pursuant to Section 290,
unless those persons are legally related by blood, marriage, or adoption. For
purposes of Penal Code Section 3003.5(a), "single family dwelling" does not
include a residential facility which serves six or fewer individuals; and
WHEREAS, Proposition 83 enacted Penal Code Section 3003.5(b), which prohibits any sex
offender who is required to register pursuant to Penal Code Section 290 from
residing within 2,000 linear feet of any public or private school, or any park
where children regularly gather; and
WHEREAS, Proposition 83, as codified in Penal Code Section 3003.5(c), specifically
authorizes municipal jurisdictions to enact local ordinances that further restrict the
residency of any sex offender who is required to register pursuant to Penal Code
Section 290, beyond what is set forth therein; and
WHEREAS, local ordinances authorized by Penal Code Section 3003.5(c) are permitted to
regulate the number of registered sex offenders that reside in a residential facility,
including those facilities that serve six or fewer persons, commonly referred to as
group homes and sober living facilities, which are considered a single-family
dwelling pursuant to Health and Safety Code Section 1566.3; and
WHEREAS, many families with children reside in the City of West Covina; and
WHEREAS, the City is concerned with recent occurrences within the City and elsewhere in
California, where multiple registered sex offenders have been residing in clusters
in violation of Penal Code Section 3003.5(b); and
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WHEREAS, the addition of Section 15-19 to the West Covina Municipal Code is intended to
reduce the potential dangers associated with multiple child sex offenders living
near families with children and places where children regularly gather; and
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; and
WHEREAS, California Government Code Section 38773.5 further authorizes cities to pass
ordinances that provide for the recovery of attorney fees in any action,
administrative proceeding, or special proceeding to abate a nuisance; and
WHEREAS, a 1998 report by the U.S. Department of Justice found that sex offenders are the
least likely criminals to be cured or rehabilitated and the most likely to re -offend,
and that they prey on the most innocent members of our society; that more than
two-thirds of the victims of rape and sexual assault are under the age of 18; and
that sex offenders have a dramatically high rate of recidivism.
WHEREAS, the California Supreme Court in People v. Mosley, 60 Cal. 41h 1044 (2015), cited
to established social science research, including two reports by the U.S.
Department of Justice, Bureau of Statistics, and one report by the National
Institute of Justice, finding extremely high rates of recidivism for those convicted
of sex offenses, with some re -offenses occurring years after the initial
commission. Accordingly, the Court found a constitutional and rational basis for
continued regulation of sex offenders via registration following release, and
irrespective of the type of underlying sex offense/victim.
WHEREAS, the City of West Covina is required to comply with state law as interpreted by the
courts of the state.
WHEREAS, the City of West Covina recognizes that a balanced approach to the regulation of
sex offenders includes measures that assist registrants by providing some housing
opportunities, by reducing the opportunities to reoffend, and by adopting
regulations that encourage more exclusive occupation of the City's varied land
uses, all of which allows registrants to live in a less institutionalized environment.
WHEREAS, the City of West Covina recognizes that a balanced approach to the regulation of
sex offenders also includes maintaining policies and Municipal Code provisions
proscribing certain conduct, holding registrants and property owners accountable
for violations, and promoting constructive involvement of law enforcement in
monitoring registrants as permitted by law.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION NO. 1: Section 15-19 (sex offender Residency Restrictions) of Article I
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(General) of Chapter 15 (Miscellaneous Provisions Relating to Public Safety) is hereby added as
follows:
Section 15-19 Sex offender residency restrictions
Sec.15-19.1 Definitions.
For the purpose of this section, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
Boardinghouse shall mean a lot on which there is located a commercial land use for the rental of
five or fewer guest rooms or suites primarily for temporary residency for a period of not more
than 30 consecutive days.
Child or children shall mean any individual under the age of 18 years of age.
Child care center shall mean any State of California, Department of Social Services licensed
facility that provides nonmedical 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.
Child Sex Offender shall mean an individual who is required to register under Penal Code section
290 and who has been convicted of any sexual crime involving a child who was fourteen (14)
years old or younger at the time of the commission of the crime.
Duplex lot shall mean a lot designed for permanent residency and containing two dwelling units,
whether attached or detached.
Hotel or motel shall mean a lot on which there is located a commercial land use for the rental of
six or more guest rooms or suites for primarily temporary residency for a period of not more than
30 consecutive days.
Mobile home shall be considered to be a dwelling and shall mean a structure designed for human
habitation and for being moved on a street or highway under permit pursuant to Section 35790 of
the Vehicle Code. Mobile home includes a manufactured home, as defined in Section 18007 of
the Health and Safety Code, and a mobile home, as defined in Section 18008 of the Health and
Safety Code, but does not include a recreational vehicle, as defined in Section 799.29 of the Civil
Code and Section 18010 of the Health and Safety Code or a commercial coach as defined in
Section 18001.8 of the Health and Safety Code. Mobile home does not include a trailer or other
recreational vehicle located in a recreational vehicle park.
Mobile home park shall mean a residential land use where two or more mobile home sites are
rented, or held out for rent, to accommodate mobile homes designed for permanent residency,
with such homes not affixed to a permanent foundation.
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Multi family lot shall mean a lot designed for permanent residency and containing three (3) or
more dwelling units whether attached or detached. This includes a lot containing apartment
houses and condominiums, but does not include hotels or motels.
Permanent resident shall mean any person who, as of a given date, obtained the right to occupy a
dwelling on a lot, including, but not limited to, a single family lot, multi -family lot, duplex lot,
mobile home park, a hotel lot or motel lot for more than 30 consecutive days.
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 specified sex offenders are
prohibited from temporarily or permanently residing.
Sex offender means any person for whom registration is required pursuant to California Penal
Code Section 290, regardless of whether that person is on parole or probation, and shall include
violent sexual predators as defined under the California Penal Code.
Sexually violent predator is defined as a person who has been convicted of a sexually violent
offense against one or more victims and who has a diagnosed mental disorder that makes the
person a danger to the health and safety of others in that it is likely that he or she will engage in
sexually violent criminal behavior as delineated in Welfare & Institutions Code section 6600.
Single family lot shall mean a lot designed for permanent residency and containing one (1)
dwelling unit, including those used as a residential facility which serves six or fewer individuals.
Temporary resident means any person who, as of a given date, obtained the right to occupy a
dwelling on a lot, including, but not limited to, a single family lot, multi -family lot, duplex lot,
mobile home park, a hotel lot or motel lot for 30 days or fewer.
See. 15-19.2 Sex offender violation — Single family lots.
No child sex offender or sexually violent predator shall be a permanent or temporary resident in a
single family lot already occupied by any other sex offender, unless those persons are legally
related by blood, marriage or adoption.
Sec. 15-19.3 Sex offender violation — Duplex lots.
No child sex offender or sexually violent predator shall be a permanent or temporary resident in a
duplex lot already occupied by any other sex offender, unless those persons are legally related by
blood, marriage or adoption.
Sec. 15-19.4 Sex offender violation — Multi -family lots.
No child sex offender or sexually violent predator shall be a permanent or temporary resident in a
multi -family lot already occupied by any other sex offender, unless those persons are legally
related by blood, marriage or adoption.
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Sec. 15-19.5 Sex offender violation — Hotel, motel, boardinghouse.
(a) No child sex offender or sexually violent predator shall be a permanent or temporary
resident in a guest room of a hotel, motel, or boardinghouse already occupied by any other
sex offender, unless those persons are legally related by blood, marriage or adoption.
(b) No child sex offender or sexually violent predator shall be a permanent resident in any
guest room of a hotel, motel, or boardinghouse wherein a separate and distinct guest room
is already occupied by any other sex offender as a permanent resident.
See. 15-19.6 Sex offender violation — Mobile homes.
(a) No child sex offender or sexually violent predator shall be a temporary or permanent
resident in any mobile home sited in and upon a rented space located within a mobile
home park wherein the mobile home is already occupied by any other sex offender, unless
those persons are legally related by blood, marriage or adoption.
(b) No child sex offender or sexually violent predator shall be a permanent resident in any
mobile home sited in and upon a rented space located within a mobile home park within
2000 feet of any other mobile home sited in and upon a rented space located within the
same mobile home park which is already occupied by a sex offender as a permanent
resident, unless those persons are legally related by blood, marriage or adoption.
Sec. 15-19.7 Sex offender violation —Residential Exclusion Zone.
No child sex offender or sexually violent predator shall be a temporary or permanent resident in
any Residential Exclusion Zone.
Sec.15-19.8 Violations
Violations of the provisions of Section 15-19 are punishable pursuant to Sections 1-37 and 1-38
of the West Covina Municipal Code. Violations of the provisions of Section 15-19 are also
declared a public nuisance and may be abated as provided by law.
SECTION NO. 2: The City Clerk shall certify the adoption of this Ordinance and
shall cause the same to be posted or published in the manner as required by law.
SECTION NO. 3: This ordinance shall take effect and be in force thirty (30) days
from and after the date of its passage.
PASSED, APPROVED AND ADOPTED on this 18°i day of August, 2015.
mayor
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APPROVED AS TO FORM:
Kimberly HMI Barlow
ATTEST: //��
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Nickolas S. Lewis
City Attorney City Clerk
I, NICKOLAS S. LEWIS, 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 21'` day of July, 2015. That thereafter said
Ordinance was duly adopted and passed at a regular meeting of the City Council on the 18`h day
of August, 2015, by the following vote:
AYES: Spence, Toma, Warshaw, Wong, Sykes
NOES: None
ABSENT: None
ABSTAIN: None
Nickolas S. Lewis
City Clerk -I