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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. 2 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. 3 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. 4 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 5 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