2014-159 Residency of Sex Offenders ORDINANCE NO. 2014-159
AN ORDINANCE OF THE CITY OF MENIFEE RETITLING,
REPLACING AND AMENDING CHAPTER 11.26 OF THE
MENIFEE MUNICIPAL CODE RELATING TO REGULATION OF
RESIDENCY OF SEX OFFENDERS WITHIN THE CITY
WHEREAS, studies have consistently shown that sex offenders are a substantial threat
to the community. A 1998 U.S. Department of Justice study found that sex offenders are
the most likely of all parolees to reoffend and that 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 eighteen (18). A 2003 U.S. Department of Justice study found that
over five (5) percent of sex offenders were arrested for another crime within three (3)
years of being paroled; and
WHEREAS, the same study also found an estimated three (3) percent of child
molesters were rearrested for another sex crime against a child within three (3) years of
release, and that most of the children they were alleged to have molested were thirteen
(13) years old or younger. Studies conducted in California and throughout the United
States substantiate the U.S. Department of Justice findings; and
WHEREAS, The City Council is concerned about the public safety threat posed by
multiple sex offenders living in dwellings or transient occupancy facilities within the City ,
and is further concerned about the public safety threat posed by the presence of sex
offenders near locations within the City that are frequented by children, such as day
care facilities, schools and playgrounds; and
WHEREAS, the City Council finds that these public safety threats have not been
adequately addressed by subdivisions (a) and (b) of Penal Code section 3003.5, or by
the placement and oversight policies of the California Department of Corrections and
Rehabilitation. The City Council further finds that it must take the additional steps
described in this ordinance to safeguard its residents from sex offenders, particularly
those that prey on children.
NOW THEREFORE the City Council of the City of Menifee ordains as follows:
SECTION 1. Title 11, Chapter 11.26, of the Menifee Municipal Code is hereby retitled,
replaced and amended to read in its entirety as follows:
"SEX OFFENDER RESIDENCY REGULATIONS
11 .26.010. Purpose
11.26.020 Authority
11.26.030. Application
11.26.040. Definitions
11 .26.050. Sex offender residency prohibitions
11 .26.060. Property Owner Prohibitions
City of Menifee Ordinance No. 2014-159
Sex Offender Amendments
11.26.070. Violations and Penalties
11.26.080. Civil Actions
11.26.090. Enforcement
11.26.010. PURPOSE. The purpose of this ordinance is to restrict the residency
of sex offenders to a further extent than that specified in subdivisions (a) and (b) of
Penal Code section 3003.5.
11.26.020 AUTHORITY. This ordinance is adopted pursuant to subdivision (c) of
Penal Code section 3003.5 which authorizes local jurisdictions to enact ordinances that
further restrict the residency of sex offenders.
11.26.030. APPLICATION. This ordinance shall apply to sex offenders released
from custody for any criminal offense on or after the effective date of this ordinance.
11.26.040. DEFINITIONS. As used in this ordinance, the following terms shall
have the following meanings:
(A)Building. A structure supported by columns or walls that is
more or less permanently located on the ground or affixed to
something permanently located on the ground, including a mobile
home or manufactured home.
(B)Dwelling. A building, or portion thereof, designed or
occupied for residential purposes, including a building used to house a
single family or two or more families, but not including a transient
occupancy facility or a state-licensed residential care facility serving six
(6) or fewer persons in the limited circumstance described in Section
5.a. of this ordinance.
(C)Knowingly. With knowledge of the existence of the facts in question.
Knowledge of the unlawfulness of any act or omission is not required.
(D)Property Owner. The person designated on the latest
equalized City assessment roll as the owner of the parcel in question,
or the holder of a subsequently recorded deed to the parcel in
question, including, but not limited to, a part owner, joint owner, joint
tenant or tenant in common of the whole or any part of the parcel in
question. Property owner shall include any person or entity authorized
by the property owner to act on his or her behalf.
(E)Released From Custody. Released on parole, probation or otherwise
following conviction.
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City of Menifee Ordinance No. 2014-159
Sex Offender Amendments
u Related by Blood, Marriage or Adoption. Consanguinity, affinity or
adoption within the fourth (4t") degree.
(G)Reside. Occupy for any period of time pursuant to a legal right
obtained as of a certain date.
(H)Sex Offender. A person required to register pursuant to
Penal Code section 290.
(1) State-Licensed Residential Care Facility. A facility
licensed by the State of California to provide residential care services,
including those facilities described in Health & Safety Code sections
1250 et seq., 1500 et seq., 1568.01 et seq., 1569 et seq., 1760 et seq.,
and 11834.20 et seq. and those facilities described in Welfare and
Institutions Code section 5116.
(J) Transient Occupancy Facility. A building, or portion thereof, designed
or occupied for temporary residential purposes, typically for a period of
not more than thirty (30) days, including, but not limited to, a hotel,
motel or inn.
11.26.050. SEX OFFENDER RESIDENCY PROHIBITIONS. A sex offender shall
not do any of the following:
(A)Reside in a dwelling if a sex offender already resides there, unless the
sex offenders are legally related by blood, marriage or adoption.
Notwithstanding this prohibition, a sex offender on parole, may, during
the period of parole, reside in a state-licensed residential care facility
serving six (6) or fewer persons even if the facility is already occupied
by a sex offender. As provided in subdivision (a) of Penal Code section
3003.5, a state-licensed residential care facility shall not be considered
a dwelling in this limited circumstance. In determining whether a state-
licensed residential care facility serves six (6) or fewer persons, the
licensee, members of the licensee's family and persons employed as
facility staff shall not be counted.
(B)Reside in a room in a transient occupancy facility if a sex offender
already resides there, unless the sex offenders are legally related by
blood, marriage or adoption.
I
(C)Reside in a transient occupancy facility if sex offenders already reside
in ten percent (10%) of the facility, or they already reside in more than
six (6) rooms, whichever is less.
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City of Menifee Ordinance No. 2014-159
Sex Offender Amendments
11.26.060. PROPERTY OWNER PROHIBITIONS. A property owner shall not
do any of the following:
(A)Knowingly rent or lease a dwelling to more than one sex offender,
unless the sex offenders are legally related by blood, marriage or
adoption. Notwithstanding this prohibition, a property owner may, for
the reasons set forth in Section 5. a. of this ordinance, rent or lease
space to a sex offender on parole, during the period of parole, in a
state-licensed residential care facility serving six (6) or fewer persons,
even if the facility is already occupied by a sex offender.
(B)Knowingly rent or lease a room in a transient occupancy facility to
more than one sex offender, unless the sex offenders are legally
related by blood, marriage or adoption.
(C)Knowingly rent or lease a room in a transient occupancy facility to a
sex offender if sex offenders already reside in ten percent (10%) of
the facility, or they already reside in more than six (6) rooms,
whichever is less.
11.26.070. VIOLATIONS AND PENALTIES. Any person violating any provision
of this ordinance shall be deemed guilty of a misdemeanor offense and punished by a
fine not exceeding one thousand dollars ($1000) or six months (6) in jail, or both. Such
person shall be deemed guilty of a separate offense for each and every day or portion
thereof during which any violation of any of the provisions of this ordinance is
committed, continued, or permitted. The penalties herein are in addition to any other
remedies provided by law and the imposition of any penalty herein shall not relieve a
person of the obligation to correct the violation or prevent the City from commencing
any proceeding to ensure that the violation is corrected.
11.26.080. CIVIL ACTIONS. Any person violating any provision of this
ordinance shall be subject to a civil enforcement action filed by the City in any court of
competent jurisdiction and shall be subject to reasonable abatement costs, costs of
suit and attorney's fees incurred by the City .
11.26.090. ENFORCEMENT. The Chief of Police, District Attorney, City
Attorney and Director of Code Enforcement shall enforce the provisions of this
ordinance."
SECTION 2.. On the effective date of this ordinance, the City Attorney is directed to
send a copy of this ordinance to the California Department of Corrections and
Rehabilitation.
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City of Menifee Ordinance No. 2014-159
Sex Offender Amendments
SECTION 3. On the effective date of this ordinance, the Chief of Police is directed to
send copies of this ordinance to any sex offender who lives within the City limits."
SECTION 4 .. If any provision, clause, sentence or paragraph of this ordinance or the
application thereof to any person or circumstances shall be held invalid, such invalidity
shall not affect the other provisions of this ordinance which can be given effect without
the invalid provision or application, and to this end, the provisions of this ordinance are
hereby declared to be severable.
SECTION 5. This ordinance shall take effect thirty(30) days after its adoption.
PASSED, APPROVED AND ENACTED this 15'day of Octo er, 2014.
Lv�
Scott A. Mann, Mayor
Approved as to Form:
ey elching, City rney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, KATHY BENNETT, City Clerk of the City of Menifee, do hereby attest to and certify the
attached Ordinance No. 2014-159 to be the original ordinance adopted by the City Council of
the City of Menifee on October 1, 2014 and that said ordinance was published in accordance
with the law. / L
Date:
Kathy Bennett, City Clerk
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Scott A.Mann
Mayor
Wallace W.Edgerton STATE OF CALIFORNIA )
Deputy Mayor COUNTY OF RIVERSIDE ) ss
John V.Denver CITY OFMENIFEE )
Councilmember
I, Kathy Bennett, City Clerk of the City of Menifee, do hereby certify that the
Thomas Fuhrman foregoing Ordinance No. 2014-159 was duly adopted by the City Council of the
Councilmember City of Menifee at a meeting thereof held on the 1s`day of October 2014 by the
Greg august following vote:
Councilmember
Ayes: August, Denver, Edgerton, Fuhrman, Mann
Noes: None
Absent: None
Abstain: None
Kat y8ennett, City Clerk
29714 Haun Road
Menifee,CA 92586
Phone 951.672.6777
Fax 951.6793843
www.cityofinenifee.us