HomeMy WebLinkAbout10 ORDINANCE RE: SEX OFFENDER RESIDENCY & LOITERING RESTRICTIONS_ ~ A ENDA REPORT Agenda Item 10
`T ,` G Reviewed:
Finance Director
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MEETING DATE: JANUARY 4, 2011
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
VIA: DAVID C. BIGGS, CITY MANAGER
FROM: SCOTT JORDAN, CHIEF OF POLICE
SUBJECT: ORDINANCE RE SEX OFFENDER RESIDENCY AND LOITERING
RESTRICTIONS
SUMMARY:
On November 7, 2006, California voters approved proposition 83, commonly referenced
as "Jessica's Law." The initiative addressed a variety of topics related to registered sex
offenders, and included a prohibition of sex offender residency within two thousand
(2,000) feet of a park or school, and an express statement that cities have the power to
adopt local ordinances that further restrict sex offender residency. The proposed
ordinance would reflect the City's adoption of additional restrictions limiting sex offender
residency, including hotel occupancy, and a prohibition of loitering in identified child
safety zones.
RECOMMENDATION:
That the Council introduce and conduct first reading of Ordinance No. 1390 (Attachment
1) by title only.
FISCAL IMPACT:
In providing notice of the proposed ordinance and its impacts to the newly regulated sex
offenders, the City will be creating and updating maps that show the boundaries of
residential exclusion zones and child safety zones, including child safety zones that exist
only during various community events. City staff time and resources will be dedicated to
these tasks on an as-needed basis. There is no provision in the ordinance to recoup the
costs of providing these new services. While the costs of City administrative and civil legal
action may be recovered in accord with applicable law, the proposed ordinance creates a
new crime under the Tustin City Code, and criminal enforcement costs are generally not
recoverable upon an offender's conviction.
743737.3
Sex Offender Residency and Loitering Restrictions Ordinance
January 4, 2011
Page 2
BACKGROUND AND DISCUSSION:
If adopted, Article 5 Chapter 12 of the Tustin City Code will add Tustin to the list of local
jurisdictions that have enacted restrictions upon sex offender residency beyond those
specifically approved by the State's voters in 2006. The highlights of the chapter as
proposed are as follows:
1. City Council findings that support the narrow regulatory and non-punitive purpose
advanced by this chapter.
2. Careful definitions that insure clarity for notice and enforcement purposes,
including the following:
a. "Residential exclusion zone" shall mean any area located within two
thousand feet (2,000') from the nearest property line of the subject
property to the nearest property line of a day care center, public or private
school, or park. A residential exclusion zone may geographically overlap
or be coextensive with a child safety zone, but the two types of zones are
addressed separately by this chapter. No residential exclusion zone or
portion thereof shall be created or exist with respect to the defined area of
a community event solely by virtue of the occurrence of the community
event in question and/or the prohibition of loitering within the child safety
zone corresponding to said community event. Distance from a residential
exclusion zone shall be measured in a straight line, without regard to
intervening structures, from the outer boundaries of the properties on
which the residential exclusion zone is situated.
b. "Child safety zone" shall mean any indoor or outdoor area located within
three hundred feet (300') from the nearest property line of a day care
center, public or private school, park, commercial establishment
specifically focused upon providing goods or services to children, including
but not limited to any establishment that provides a child's playground or
ride either in or adjacent to said establishment, tutoring center, youth
activity center or other location that hosts classes and/or group activities
for children, and/or any school bus stop. For purposes of this chapter's
prohibition against loitering in section 5953 only, child safety zone shall
also temporarily include any indoor or outdoor area located within three
hundred feet (300') from the nearest property line of a defined venue for a
community event during the community event in question. Distance from
a child safety zone shall be measured in a straight line, without regard to
intervening structures, from the outer boundaries of the properties on
which the child safety zone is situated.
3. A prohibition of sex offender loitering in any child safety zone, and related
provisions for mapping and notice of such zones.
4. A prohibition of sex offender residence in any residential exclusion zone, and a
related provision for mapping and notice of such zones.
5. A prohibition of multiple sex offenders residing together, or in separate units in a
multi-family dwelling, unless they are related.
743737.3
Sex Offender Residency and Loitering Restrictions Ordinance
January 4, 2011
Page 3
6. A prohibition of sex offender temporary residency except as specifically
permitted.
7. A prohibition of multiple sex offenders occupying the same room in a hotel, or
multiple rooms in a single hotel, unless they are related, except as specifically
permitted.
8. A prohibition of rental or permission by property owners of sex offender residency
or hotel occupation otherwise prohibited by this chapter.
9. A provision addressing eviction requirements related to the chapter's
enforcement.
10. A provision stating that dwellings and hotels operated or maintained in violation
of this chapter are a nuisance.
11.A penalties provision that makes a violation of this chapter a misdemeanor or
infraction within the discretion of the City Attorney, and states that any criminal
remedy in the chapter is cumulative and shall not prevent civil or administrative
enforcement.
12.A requirement that the Chief of Police establish and maintain rules and
procedures that state the City's protocol with respect to this chapter's
enforcement.
13. Exemptions that allow sex offender residency:
a. that continues a residency that commenced prior to this chapter's
effective date, or the renewal of such apre-existing residency,
b. that would otherwise become prohibited because of a residential exclusion
zone created after the establishment of that residency, and
c. within a child safety zone, provided that the location of said residency is
not also within a residential exclusion zone.
14. Exemptions that allow sex offender loitering in a child safety zone provided that:
a. said loitering takes place at the dwelling of the sex offender in question,
where that sex offender is a resident and lawful tenant or occupant,
provided that the dwelling in question is not located within a residential
exclusion zone,
b. said loitering takes place at the dwelling of the sex offender in question,
where that sex offender is a resident and lawful occupant per a residency
that is lawful per point 13 above,
c. said loitering relates to a sex offender's access to a public park for the
purpose of exercising the right to free speech or assembly,
d. said loitering relates to a sex offender's access to a child safety zone in
relation to the education or care of a child for whom he/she is responsible,
and
e. said loitering relates to a sex offender's lawful presence at his/her place of
employment, and said employment commenced before the effective date
of this chapter.
Staff has prepared the City's initial residential exclusion zone map (Attachment 2), and
will be preparing a similarly styled map reflecting child safety zones per the ordinance. If
the proposed ordinance is approved, this second map will be provided to the Council for
review at the time of its second reading.
743737.3
Sex Offender Residency and Loitering Restrictions Ordinance
January 4, 2011
Page 4
This ordinance will be effective on the thirty-first (31St) day after its adoption on second
reading. In addition to the standard publication that follows adoption of any ordinance,
the City Clerk shall send a copy of this ordinance to the California Department of
Corrections and Rehabilitation, and the Orange County Probation Department.
Approved for Forwarding By:
~~~
Scott Jordan, Chief of olice
id C. Biggs, Cit anager
ATTACHMENTS:
1. Proposed Ordinance No. 1390
2. Residential Exclusion Zone Map
743737.3
ORDINANCE NO. 1390
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA ADOPTING TUSTIN CITY CODE ARTICLE 5, CHAPTER 12
RE SEX OFFENDER RESIDENCY AND LOITERING RESTRICTIONS.
The City Council of the City of Tustin, California, hereby ordains:
SECTION I: ADOPTION OF CHAPTER
Article 5, Chapter 12 of the Tustin City Code is hereby adopted to read as follows:
CHAPTER 12 – SEX OFFENDER RESIDENCY AND LOITERING RESTRICTIONS
5950 - PURPOSE
5952 - DEFINITIONS
5953 - SEX OFFENDER LOITERING PROHIBITION, CHILD SAFETY ZONE AND
MAP, NOTICE RE COMMUNITY EVENTS
5954 - SEX OFFENDER RESIDENCE PROHIBITION, RESIDENTIAL
EXCLUSION ZONE AND MAP
5955 - SEX OFFENDER RESIDENCE PROHIBITION, SINGLE-FAMILY AND
MULTI-FAMILY DWELLINGS
5956 - SEX OFFENDER OCCUPANCY PROHIBITION, HOTELS
5957- RESPONSIBLE PARTY PROHIBITION, SINGLE-FAMILY AND MULTIFAMILY
DWELLINGS
5958 - RESPONSIBLE PARTY PROHIBITION, HOTELS
5959 - EVICTION REQUIREMENTS
5960 - VIOLATION CONSTITUTES NUISANCE
5961 - CRIMINAL PENALTY, OTHER REMEDIES, ENFORCEMENT
5962 - APPLICABILITY OF RESIDENCY RESTRICTIONS
5963 – APPLICABILITY OF LOITERING PROHIBITION
5950 - PURPOSE
The purpose of this chapter is to address the following City Council findings and
determinations:
(A) On November 7, 2006, the voters of the State of California overwhelmingly
approved Proposition 83, the Sexual Predator Punishment and Control Act, commonly known
as "Jessica's Law", to protect Californians, and in particular, to protect the State's children from
sex offenders.
(B) Proposition 83, as codified at subsection (b) of California Penal Code section
3003.5, prohibits any person who is required to register as a sex offender per California Penal
Code section 290 et seq. (a "sex offender") from residing within two thousand feet (2,000') of
any public or private school, or any park where children regularly gather.
Ordinance No. 1390
Article 5, Chapter 12
Page 1 of 12
(C) Proposition 83, as codified at subsection (c) of California Penal Code section
3003.5, authorizes local governments to enact ordinances that further restrict the residency of
sex offenders.
(D) Subsection (a) of California Penal Code section 3003.5, enacted in 1998 prior to
Proposition 83, prohibits a sex offender who is on parole from residing in a "single-family
dwelling" with another sex offender during his/her parole period, unless the multiple sex
offenders are legally related by blood, marriage, or adoption. For purposes of this state statute,
"single-family dwelling" does not include a residential facility such as a group home that serves
six (6) or fewer persons.
(E) Tustin is an attractive place for families and children because of the City's largely
residential character.
(F) There are many places in the City where children frequently gather such as
schools, commercial establishments focused upon providing goods or services to children,
parks, libraries, day care centers, youth activity centers and other locations that host classes
and/or group activities for children.
(G) The City is concerned with the prospect of multiple sex offenders residing
together in violation of California Penal Code section 3003.5.
(H) By enacting this Article 5, Chapter 12, Tustin intends to: (i) reduce the potential
dangers associated with sex offenders living near families with children, and/or in places where
children frequently gather, (ii) regulate the number of sex offenders permitted to reside
together in dwellings and/or hotels, (iii) protect children who use and enjoy child-oriented
locations throughout the City from the dangers presented by any sex offender who might
choose to reside and/or loiter near such locations, (iv) establish regulations for property
owners who rent residential facilities to sex offenders.
(I) Based on City data, once this ordinance becomes effective, there will be two
remaining square miles within the City's residential zones where sex offenders can still reside.
(J) Article XI, Section 7 of the California Constitution authorizes the City to enact and
enforce ordinances that regulate conditions that may be public nuisances or health hazards, or
that promote social, economic or aesthetic considerations.
(K) California Government Code section 38773.5 authorizes cities to pass
ordinances that provide for the recovery of attorneys' fees in any action, administrative
proceeding or special proceeding to abate a nuisance.
(L) Sex offenders who reside within a residential exclusion zone and responsible
parties who knowingly rent any single-family dwelling or multi-family dwelling, and/or hotels,
Ordinance No. 1390
Article 5, Chapter 12
Page 2 of 12
motels, or inns to more than one sex offender create a public nuisance that is injurious to the
public health, safety and welfare.
(M) Sex offenders have high recidivism rates that exceed those exhibited by other
convicted criminals. The City must therefore take all necessary action to protect children and
potential victims from these dangerous predators.
(N) The City is concerned about the high rate of recidivism among sex offenders and
their dangerousness as a class. The City Council takes legislative notice of the November
2003 report issued by the U.S. Department of Justice, Bureau of Justice Statistics entitled,
"Recidivism of Sex Offenders Released From Prison in 1994," published in 2003. A fifteen
(15) state study of prisoners released in 1994 showed that when compared to non-sex
offenders released from state prison, released sex offenders were four times (4x) more likely to
be rearrested for a new sex crime. A copy of this report has been available for City Council
and public review at the City Clerk's Office as a public record since the date when the agenda
including this ordinance's consideration was posted, and will remain as such.
(O) The City Council agrees with the U.S. Department of Justice statements in its
brief to the Supreme Court that convicted sexual offenders are much more likely to repeat the
offense of conviction than any other type of felon," and (ii) "clinical rehabilitative programs can
enable sexual offenders to manage their criminal sexual impulses and thereby reduce the risk
of sexual recidivism, [but a] vital component of those programs is for participants to come to
terms with their sexual misconduct."
(P) The City Council finds that since sex offender recidivism rates are empirical data,
but sex offender rehabilitation depends upon an individual sex offender's personal efforts and
acceptance of responsibility, factors that cannot be predicted, the danger presented by sex
offenders is an unacceptable risk to the health, safety and welfare of the community that
requires the City's regulatory intervention.
(Q) In enacting this chapter, the City does not intend to punish sex offenders for their
prior illegal conduct. Rather, the purpose of this chapter is to create a regulatory and non-
punitive scheme to protect children and the public health, safety and welfare for the City's
residents and visitors.
(R) Nothing in this chapter shall be deemed to modify or in any way limit restrictions
placed upon a sex offender by terms and conditions of parole or probation.
5952 - DEFINITIONS
As used in this chapter, the following terms shall have meanings as set forth below.
Ordinance No. 1390
Article 5, Chapter 12
Page 3 of 12
"Child" or "children" shall mean any person(s) under the age of eighteen years of age.
"Child safety zone" shall mean any indoor or outdoor area located within three hundred feet
(300') from the nearest property line of a day care center, public or private school, park,
commercial establishment specifically focused upon providing goods or services to children,
including but not limited to any establishment that provides a child's playground or ride either in
or adjacent to said establishment, tutoring center, youth activity center or other location that
hosts classes and/or group activities for children, and/or any school bus stop. For purposes of
this chapter's prohibition against loitering in section 5953 only, child safety zone shall also
temporarily include any indoor or outdoor area located within three hundred feet (300') from the
nearest property line of a defined venue for a community event during the community event in
question. Distance from a child safety zone shall be measured in a straight line, without regard
to intervening structures, from the outer boundaries of the properties on which the child safety
zone is situated.
"Community event" shall mean an event of civic or recreational interest taking place within the
City limits, open to the general public and incorporating the presence of children. City
community events shall include but not be limited to Tustin Tiller Days, the Tustin Street Fair &
Chili Cook-Off, and the Tustin Public Schools Foundation Dinosaur Dash.
"Day care center" shall mean any facility licensed by the State of California, Department of
Social Services that provides non-medical care, on a less than twenty-four-hour basis, to
children in need of personal services, supervision or assistance that is essential for sustaining
the daily living activities, or protecting any such child. “Day care center” does not include any
“family day care home” as that term is defined in California Health and Safety Code Section
1596.78.
"Defined venue" shall mean the location of a community event that creates a child safety zone
per this chapter.
"Dwelling" shall mean a single family dwelling or a multi-family dwelling. For purposes of this
chapter, dwelling shall not include any state-licensed residential facility which serves six (6) or
fewer persons and is exempted under California Penal Code § 3003.5.
"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, a bed and breakfast and an
inn that operates in such capacity.
"Lawful purpose," as used in the definition of loiter, shall mean a reason, consistent with all
applicable law and stated upon inquiry, for a person's presence at or moving through a
particular location. Applicable law, for purposes of City evaluation of any purportedly lawful
purpose, shall include this chapter.
"Loiter" shall mean to delay, linger, or idle, for a period in excess of five (5) minutes, in or about
a child safety zone without a lawful purpose. Loitering shall not include patronage of a
Ordinance No. 1390
Article 5, Chapter 12
Page 4 of 12
commercial establishment that does not qualify as a child safety zone except insofar as it takes
place during a community event.
"Multi-family dwelling" shall mean a residential structure designed for the permanent residency
of two or more individuals, groups of individuals, or families living independently. This definition
shall include a duplex, apartment house, mobile home park, and a condominium complex, but
shall not include a hotel.
"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.
"Park" shall include any indoor or outdoor area 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.
"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.
"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.
"Residential exclusion zone" shall mean any area located within two thousand feet (2,000')
from the nearest property line of the subject property to the nearest property line of a day care
center, public or private school, or park. A residential exclusion zone may geographically
overlap or be coextensive with a child safety zone, but the two types of zones are addressed
separately by this chapter. No residential exclusion zone or portion thereof shall be created or
exist with respect to the defined area of a community event solely by virtue of the occurrence
of the community event in question and/or the prohibition of loitering within the child safety
zone corresponding to said community event. Distance from a residential exclusion zone
shall be measured in a straight line, without regard to intervening structures, from the outer
boundaries of the properties on which the residential exclusion zone is situated.
"Responsible party" shall mean a property owner and/or a property owner's authorized agent.
"Public or private school" shall mean any place of learning including the following: institutions
of learning for minors, whether public or private, offering instruction in those courses of study
required by the California Education Code and maintained pursuant to standards set by the
State Board of Education; nursery schools, kindergartens, Sunday schools, elementary
schools, middle or junior high schools, and senior high schools.
Ordinance No. 1390
Article 5, Chapter 12
Page 5 of 12
"Sex offender" shall mean any person who must register in accord with California's "Sex
Offender Registration Act," codified at California Penal Code section 290 et seq. as a result of
a conviction, whether upon trial or by plea of guilty or nolo contendere, regardless of whether
or not that person is on parole or probation.
"Single-family dwelling" shall mean one permanent residential dwelling located on a single lot.
"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.
"Youth activity center" shall include but not be limited to the Clifton C. Miller Community
Center, the Columbus Tustin Activity Center, and the Tustin Family & Youth Center.
5953 - SEX OFFENDER LOITERING PROHIBITION, CHILD SAFETY ZONE; NOTICE RE
COMMUNITY EVENTS
A. Except as provided by this chapter, a sex offender shall be prohibited from loitering in a
child safety zone. The exceptions to this section are stated in section 5963.
B. The City Clerk shall maintain as a public record a map that graphically identifies each
child safety zone in the City. The child safety zone map shall be prepared and annually
updated by the Director of Community Development and the Police Chief, and shall be
administratively approved on or before January 31 each year by the City Manager or
his/her designee. Additional updates to the child safety zone map shall be within the
discretion of the City Manager, or his/her designee, as warranted by City approvals of
new, modified and terminated land uses. A true and correct copy of each child safety
zone map shall be posted on the City's website, http://www.tustinca.org.
C. The Tustin Police Department shall prominently post clear notice of the defined venue
of any community event and the boundaries of the corresponding child safety zone on
its website, http://www.tustinpd.org, and in its lobby, for a period commencing not less
than one week prior to the date of the community event in question. Concurrent with its
posting of said notice, the police department shall transmit a copy of same to the
California Department of Corrections and Rehabilitation, and the Orange County
Probation Department. Furthermore, each such notice shall be a public record
maintained by the City Clerk and posted on the City's website, http://www.tustinca.org
through the same period of posting on the police department's website.
5954 - SEX OFFENDER RESIDENCE PROHIBITION, RESIDENTIAL EXCLUSION ZONE
A. Except as provided by this chapter, a sex offender is prohibited from becoming a
permanent or temporary resident in any residential exclusion zone. The exceptions to
this section are stated in section 5962.
Ordinance No. 1390
Article 5, Chapter 12
Page 6 of 12
B. The City Clerk shall maintain as a public record a map that graphically identifies each
residential exclusion zone in the City. The residential exclusion zone map shall be
prepared and annually updated by the Director of Community Development and the
Police Chief, and shall be administratively approved on or before January 31 of each
year by the City Manager or his/her designee. Additional updates to the residential
exclusion zone map shall be within the discretion of the City Manager, or his/her
designee, as warranted by City approvals of new, modified and terminated land uses. A
true and correct copy of each residential exclusion zone map shall be posted on the
City's website, http://www.tustinca.org.
5955 - SEX OFFENDER RESIDENCE PROHIBITION, SINGLE-FAMILY AND MULTI-
FAMILY DWELLINGS
A. Same Dwelling. Except as provided by this chapter, a sex offender shall be prohibited
from renting or otherwise occupying a single-family dwelling or a unit in a multi-family
dwelling with another sex offender, regardless of the permanent or temporary residential
status of either sex offender, unless those persons are legally related by blood,
marriage, or adoption.
B. Multiple Dwellings. Except as provided by this chapter, a 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 sex offender as a permanent resident, unless those
persons are legally related by blood, marriage, or adoption.
C. Temporary Residency. Except as provided by this chapter, a sex offender shall be
prohibited from renting or otherwise occupying any single-family dwelling or any unit in a
multi-family dwelling as a temporary resident.
D. The exceptions to this section are stated in section 5962.
5956 - SEX OFFENDER OCCUPANCY PROHIBITION, HOTELS
A. Same Hotel Room. Except as provided by this chapter, a sex offender shall be
prohibited from renting or otherwise occupying the same guest room in a hotel with
another sex offender, regardless of the residential status of any particular sex offender,
unless those persons are legally related by blood, marriage, or adoption.
B. Separate Hotel Rooms. Except as provided by this chapter, a sex offender shall be
prohibited from renting or otherwise occupying a guest room in a hotel if there is another
guest room in that same hotel that is already rented or otherwise occupied by a sex
offender, regardless of the residential status of any particular sex offender, unless those
persons are legally related by blood, marriage, or adoption.
C. The exceptions to this section are stated in section 5962.
Ordinance No. 1390
Article 5, Chapter 12
Page 7 of 12
5957 - RESPONSIBLE PARTY PROHIBITION, 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 sex offender, regardless of the residential status of any
particular 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 more
than one unit in a multi-family dwelling to be rented or otherwise occupied by sex
offenders as permanent residents, regardless of the residential status of any particular
sex offender, unless those persons are legally related by blood, marriage, or adoption.
C. Temporary Residency. A responsible party shall be prohibited from knowingly allowing a
single-family dwelling or any unit in a multi-family dwelling to be rented or otherwise
occupied by a sex offender as a temporary resident.
5958 - RESPONSIBLE PARTY PROHIBITION, 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 sex
offender, regardless of the residential status of any particular 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 sex offender, regardless
of the residential status of any particular sex offender, if there is already a sex offender
renting or otherwise occupying another guest room in that same hotel, unless those
persons are legally related by blood, marriage, or adoption.
5959 - EVICTION REQUIREMENTS
If, in order to comply with Section 5957 or Section 5958 or abate a nuisance identified in
Section 5960, a responsible party is required to terminate a 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 accord with these
procedures and requirements, a court determines that such termination is improper, the
responsible party shall not be in violation of this Chapter 12 by allowing the sex offender to
remain as a tenant or other occupant.
5960 - VIOLATION CONSTITUTES NUISANCE
Any single-family dwelling, multi-family dwelling or hotel operated or maintained in a manner
inconsistent with the occupancy requirements of this chapter or the restrictions of California
Penal Code section 3003.5 is declared to be unlawful and is defined as and declared to be a
Ordinance No. 1390
Article 5, Chapter 12
Page 8 of 12
public nuisance, injurious to the public health, safety and welfare and subject to abatement and
recovery of abatement costs and expenses in accord with Article 5, Chapter 5 of the Tustin
City Code.
5961 – CRIMINAL PENALTY, OTHER REMEDIES, ENFORCEMENT
A. Notwithstanding any other penalty provided by the Tustin City Code or otherwise by law,
any person who violates this chapter shall, in accord with an exercise of discretion by
the City Attorney, be guilty of a misdemeanor or an infraction. Any person who violates
any provision of this chapter shall be guilty of a separate offense for each and every day
during any portion of which any such person commits, continues, permits, or causes a
violation thereof, and shall be penalized accordingly.
B. The City's remedies with respect to violations of this chapter, including the criminal
penalty specified herein, are cumulative. Nothing in this chapter shall limit the authority
of the City Council to direct that the City Attorney commence a civil enforcement
proceeding, e.g., seek a restraining order, preliminary or permanent injunction.
Furthermore, nothing in this chapter shall limit the authority of the Director of
Community Development, Police Chief, City Manager, or any enforcement officer, as
that term is defined in Tustin City Code section 5501, from initiating administrative
enforcement action, or a related administrative proceeding to abate a public nuisance
as identified section 5960. Any civil or administrative proceeding so commenced or
initiated may be an alternative to, or in addition to, a criminal proceeding initiated per
this section 5961.
C. The Chief of Police shall establish and maintain administrative rules and procedures
stating the City's enforcement protocol with respect to this chapter.
5962 – APPLICABILITY OF RESIDENCY RESTRICTIONS
The provisions of this chapter that restrict residency shall not apply to:
A. A sex offender's otherwise lawful tenancy or other occupancy of a dwelling that
commenced prior to the effective date of this chapter, or a renewal thereof; or
B. A sex offender's otherwise lawful tenancy or other occupancy of that commenced prior
to the initial operation of a day care center, public or private school, or park, that would
otherwise create a residential exclusion zone prohibiting said tenancy or occupancy.
C. A sex offender's otherwise lawful tenancy or other occupancy of a dwelling located on
property within a child safety zone that is not located in a residential exclusion zone.
5963 – APPLICABILITY OF LOITERING PROHIBITION
The provisions of this chapter that prohibit loitering shall not apply to:
Ordinance No. 1390
Article 5, Chapter 12
Page 9 of 12
A. A sex offender loitering within the walls or curtilage of a dwelling where he/she is a
resident and lawful tenant or occupant, and such dwelling is located within a child safety
zone, but not within a residential exclusion zone; or
B. A sex offender loitering in a child safety zone, but also within the walls or curtilage of a
dwelling where he/she is a resident and lawful tenant or occupant per section 5962; or
C. A sex offender's access to a public park for the purpose of exercising the right of free
expression or assembly; or
D. A sex offender's access to a child safety zone for purposes limited to the education or
care of a child for whom the sex offender is a parent or legal guardian; or
E. A sex offender's otherwise lawful presence at within the walls or curtilage of a structure
or other location that is his/her place of lawful employment, provided that he/she
commenced said employment prior to the effective date of this chapter.
SECTION II: EFFECTIVE DATE
st)
This Ordinance shall take effect on the thirty-first (31 day after it is adopted upon its second
reading.
SECTION III: CERTIFICATION AND NOTICE TO SEX OFFENDERS
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A. Before the 15 day after its adoption on second reading, the City Clerk shall certify to
the passage and adoption of this Ordinance, and shall cause a summary of same to be
published once in a newspaper of general circulation, printed and published in the
County of Orange, and circulated within the City of Tustin.
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B. Not later than the 5 day after this Ordinance's adoption on second reading, the City
Clerk shall transmit an executed and certified copy of this Ordinance to the California
Department of Corrections and Rehabilitation, and the Orange County Probation
Department. In addition, the City Clerk shall transmit an executed and certified copy of
this Ordinance to other agencies that interact with sex offenders as directed by the City
Manager.
SECTION IV: SEVERABILITY
If any section, subsection, subdivision, sentence, clause, phrase, word or portion of this
Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court
of competent jurisdiction, such decision shall not affect the validity of the remaining portions of
this chapter. The City Council hereby declares that it would have adopted this Ordinance and
each section, subsection, subdivision, sentence, clause, phrase, word or portion thereof,
irrespective of the fact that any one or more sections, subsections, subdivisions, sentences,
clauses, phrases, words or portions thereof be declared invalid or unconstitutional.
Ordinance No. 1390
Article 5, Chapter 12
Page 10 of 12
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PASSED, APPROVED, AND ADOPTED this 4 day of January, 2011
___________________________________
JERRY AMANTE
MAYOR
ATTEST:
________________________________
PAMELA STOKER
CITY CLERK
APPROVED AS TO FORM:
________________________________
DOUGLAS HOLLAND
CITY ATTORNEY
Ordinance No. 1390
Article 5, Chapter 12
Page 11 of 12
ORDINANCE CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF TUSTIN )
ORDINANCE NO. 1390
PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, does hereby certify that the whole number of the members of the City Council of the
City of Tustin is five; that the above and foregoing Ordinance was passed and adopted at a
th
regular meeting of the City Council held on the 4day of January, 2011, by the following vote:
COUNCILPERSONS AYES:
COUNCILPERSONS NOES:
COUNCILPERSONS ABSTAINED:
COUNCILPERSONS ABSENT:
_____________________________________
PAMELA STOKER, CITY CLERK
Ordinance No. 1390
Article 5, Chapter 12
Page 12 of 12
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