Chapter 17.28 LOCAL REGULATION OF SEX OFFENDERS

A. The intent of this chapter is to regulate the residency and loitering of sex offenders within the city, for the purpose of protecting children, youth, adults, families, neighborhoods, and the public at large from the unique threats and public safety impacts posed by sex offenders. Nothing in this chapter shall be construed as punishment of sex offenders for crimes which require registration pursuant to the California Sex Offender Registration Act, California Penal Code Section 290 et seq., or for any other prior crimes.

B. Nothing in this chapter is intended to limit the obligations of a sex offender to comply with the requirements of state law, including but not limited to Penal Code Section 3003.5.

C. Except as provided at BGMC 17.28.200, it is intended that this chapter shall apply to all sex offenders without regard to probationary status, parole status, or date(s) of conviction or release from jail, prison, or confinement. (Ord. 828 § 1, 2009).

17.28.020 Definitions.

All definitions provided in Chapter 9.04 BGMC shall apply to this chapter. In addition, for purposes of this chapter, the following definitions shall also apply:

“Child” or “children” or “youth” shall mean a person or persons under the age of 18 years of age.

“Permanent resident” shall mean any person who, as of a given date, obtained the right to occupy a dwelling or trailer coach for more than 30 consecutive days.

“Responsible party” shall mean the property owner and/or owner’s authorized agent.

“Sensitive use site” shall mean any of the following:

1. An amusement arcade.

2. A child care center. As used herein, “child care center” shall mean any of the following:

a. A day care center, other than an adult day care center;

b. A child care and development facility, as defined at Education Code Section 8208;

c. Facilities that provide nonmedical care and supervision of children, including infants, toddlers, preschoolers, and school-age children for a period of less than 24 hours consecutively and are required to be licensed by the California State Department of Social Services;

d. A children’s home;

e. A private institution for children; and/or

f. A special boarding home for children.

3. A children’s retail store. As used herein, “children’s retail store” shall mean establishments or places of business dedicating at least 80 percent of floor space to consumer items directed at children, such as children’s toys, clothing, shoes, eyewear, hats, jewelry and fashion accessories, books, hobby or special interest items, games, musical instruments, sporting goods, bicycles, scooters, music recordings, dance supplies, art and art supplies, candy, and other similar items directed toward children.

4. A community center or cultural center. As used herein, “community center” and “cultural center” shall mean multipurpose meeting and recreational facilities typically consisting of one or more meeting or multipurpose rooms, kitchen and/or outdoor barbecue facilities, that are available for use by various groups for such activities as meetings, parties, receptions, and dances, i.e., a rental banquet hall.

5. An Internet cafe.

6. A nontraditional school. As used herein, “nontraditional school” shall mean any of the following:

a. A public or private preschool;

b. A Montessori School;

c. A home school which has filed an affidavit or statement with the state superintendent of public instruction for the current year, pursuant to Education Code Section 33190, and which provides regularly scheduled home schooling to children as an alternative to their attendance of other public or private schools; and/or

d. A school approved by the state of California as a charter school.

7. A studio. As used herein, “studio” shall mean small-scale facilities that typically provide for the teaching or tutoring of children including, but not limited to, the arts; music, drama, production rehearsal; dance instruction; photography instruction, and the processing of photographs produced by users of the studio facilities; martial arts training; or gymnastics instruction. This definition does not include larger facilities, such as a learning center.

8. A traditional school. As used herein, “traditional school” shall mean any of the following:

a. A private school or educational institution that provides education for grades kindergarten through the 12th grade and are not affiliated with a local school district;

b. A public school or educational institution providing instruction to kindergarten through the 12th grade; and/or

c. A community college, trade or vocational school, public or private college, university or professional school granting associate arts degrees, certificates, undergraduate and graduate degrees.

9. A tutoring center or learning center. As used herein, “tutoring center” and “learning center” shall mean any of the following:

a. A location at which a public or private organization offers regularly scheduled tutoring and/or educational instruction to children for purposes of supplementing the regular school instruction of the children; and/or

b. Establishments that provide for the teaching or tutoring of school-aged children in general or specific academic subjects on an individual basis or in groups. Establishments are not affiliated with public or private schools. Services are intended to supplement and be in addition to normal school teachings and are not intended to replace or substitute for public or private school.

10. A video game arcade. As used herein, “video game arcade” shall mean any of the following:

a. Establishments frequented by children that provide more than five video or electronic games, including computer games that require coins, tokens, or any other form of payment, to play; and/or

b. Any establishment frequented by children providing amusement facilities which include, but are not limited to, pinball machines, shooting galleries, electronic or video type skill games.

11. A youth camp.

12. A youth center. As used herein, “youth center” shall mean a location at which a public or private organization provides mentorship, educational and/or recreational programs to children on a regularly scheduled basis, for purposes of social, educational, artistic, athletic, or community enrichment. Examples of youth centers include, but are not limited to, Boys and Girls Club facilities, YMCA facilities, and similar locations.

“Sensitive use site parcel boundary” shall mean the legal boundary of the parcel or parcels occupied by the sensitive use site, whether such site occupies the entire parcel or any portion thereof.

“Sex offender” shall mean any person for whom registration would be required for crimes committed by such person pursuant to the California Sex Offender Registration Act, California Penal Code Section 290 et seq., regardless of whether that person is on parole or probation.

“Temporary resident” shall mean any person who, for a period of 30 days or less, obtained the right to occupy a dwelling or trailer coach. (Ord. 828 § 1, 2009).

17.28.030 Penalty – Nuisance – Recovery of abatement expenses.

A. Penalty. Any person violating BGMC 17.28.060, 17.28.100 or 17.28.170 is guilty of a misdemeanor punishable by a fine of up to $1,000 or by confinement in the county jail for up to six months, or both such fine and confinement. A person is guilty of a separate offense for each and every day during which a violation occurs.

B. Offenses Constituting Nuisances. Any one-family dwelling, duplex, multiple dwelling, mobile home, mobile home park, or any apartment house, boarding house, dormitory, granny flat, group home, guest house, hotel, motel or trailer coach, used, operated or maintained in a manner inconsistent with the occupancy requirements of this chapter or the restrictions of Penal Code Section 3003.5 is declared to be unlawful and is defined as and declared to be public nuisances per se that are injurious to the public health, safety, and welfare.

C. Civil Action Authorized. The city attorney, or his/her designee, is authorized to bring a civil action in order to enforce any of the provisions of Penal Code Section 3003.5(a) or (b), or this chapter. Such action may be for injunctive relief, declaratory relief, or other relief sufficient to prevent the continued violation of those provisions.

D. Recovery of Nuisance Abatement Expenses.

1. 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 actions 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.

2. Moneys due the city pursuant to this chapter may be recovered in an appropriate civil action.

E. Criminal Penalties Do Not Satisfy Administrative or Civil Actions. Neither the arrest, prosecution, conviction, imprisonment, or payment of any fine for the violation of this chapter 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 chapter. (Ord. 828 § 1, 2009).

17.28.040 Summary of requirements.

The city attorney, or his/her designee, shall prepare a summary of the requirements in this chapter for distribution to sex offenders residing in the city. The summary shall be distributed to each such sex offender at the time of his/her initial registration and each subsequent annual registration. The police chief, or his/her designee, shall keep a log of all sex offenders to whom the summary is provided. Nothing in this section shall create an affirmative defense due to lack of receipt of such notice. Nothing in this chapter is a directive to not fulfill or otherwise shall prevent the police chief from fulfilling duties required under state law regarding receiving registration materials from sex offenders. (Ord. 828 § 1, 2009).

17.28.050 Reserved.

(Ord. 828 § 1, 2009).

Article II. Sex Offender Residency Restrictions

17.28.060 Unlawful residency.

A. Residency Exclusions.

1. One-Family Dwelling. No sex offender shall be a permanent or temporary resident in a one-family dwelling already occupied by a sex offender, unless those persons are legally related by blood, marriage, or adoption.

2. Hotel/Motel – Same Room. No sex offender shall be a permanent or temporary resident in a guest room of a hotel or motel if that guest room is already occupied by a sex offender, unless those persons are legally related by blood, marriage, or adoption.

3. Group or Special Living Sites – Same Room. No sex offender shall be a permanent or temporary resident in a room or unit at an apartment house, boarding house, dormitory, granny flat, group home, or guest house if that room or unit is already occupied by a sex offender, unless those persons are legally related by blood, marriage, or adoption.

4. Trailer Coach. No sex offender shall be a permanent or temporary resident in a trailer coach already occupied by a sex offender, unless those persons are legally related by blood, marriage, or adoption.

5. Mobile Home. No sex offender shall be a permanent or temporary resident in a mobile home already occupied by a sex offender, unless those persons are legally related by blood, marriage, or adoption.

6. Mobile Home Park – Same Dwelling. No sex offender shall be a permanent or temporary resident in a dwelling within a mobile home park when that dwelling is already occupied by another sex offender, unless those persons are legally related by blood, marriage, or adoption.

B. Factors. For purposes of this chapter, the following factors shall be considered in determining whether a location is an individual’s residence:

1. Whether the sex offender has listed the location as his/her residence when registering pursuant to the California Sex Offender Regulation Act, Penal Code Section 290 et seq.;

2. The length of time that the individual intends to occupy the location;

3. The length of time the individual has occupied the location;

4. The individual’s ownership or leasehold interest in the location;

5. The extent of personal property stored or maintained by the individual at the location;

6. The extent to which the individual represents to others that the location is his or her residence;

7. The routine performance of everyday life tasks at the location, such as eating, sleeping, cooking, bathing, and personal care;

8. The extent to which others identify the location as the individual’s residence;

9. The extent to which the location is utilized for voter registration, mail delivery, tax collection, and other governmental and/or commercial purposes;

10. Whether the sex offender’s parole agent, probation officer, or other supervising law enforcement official recognizes the location as the sex offender’s residence; and

11. Whether the location would be, or is, deemed a sex offender’s residence pursuant to any policy or criteria established by the California Department of Corrections and Rehabilitation, Division of Parole.

C. Transient Residency Status. Notwithstanding the provisions of subsection (B) of this section, for purposes of this chapter, individuals maintaining “transient” residency status, changing location in order to evade declaration or determination of place of residence, or otherwise not declaring a permanent place of residence, shall be considered to be residing at all places within the city of Bell Gardens associated with criteria in subsection (B) of this section that such person has been affiliated with on a temporary basis within the preceding 30 days.

D. Multiple Residences. A sex offender who utilizes more than one location within the city of Bell Gardens as his/her residence, including but not limited to a transient sex offender who resides at multiple locations within the city, shall be deemed to have multiple residences, and the restrictions on residency provided in this chapter shall apply equally as to all such residences. (Ord. 878 § 1, 2016; Ord. 869 § 1, 2016; Ord. 828 § 1, 2009).

17.28.070 Measurement of distance.

Repealed by Ord. 869. (Ord. 828 § 1, 2009).

17.28.080 Reserved.

(Ord. 828 § 1, 2009).

17.28.090 Reserved.

(Ord. 828 § 1, 2009).

17.28.100 Responsible party violation – Accessory.

A. Responsible Party Violation – One-Family Dwellings. No responsible party shall knowingly rent a one-family dwelling to, or allow occupancy as a permanent or temporary resident by, more than one sex offender during any given period of tenancy, unless those persons are legally related by blood, marriage or adoption.

B. Responsible Party Violation – Multiple Dwellings. No responsible party shall knowingly rent a room or unit within a multiple dwelling to, or allow occupancy as a permanent or temporary resident by, more than one sex offender during any given period of tenancy, unless those persons are legally related by blood, marriage or adoption.

C. Responsible Party Violation – Hotel/Motel. No responsible party shall knowingly rent a guest room in a hotel, motel, or inn, or allow occupancy as a permanent or temporary resident by, more than one sex offender, unless those persons are legally related by blood, marriage, or adoption.

D. Responsible Party Violation – Group or Special Living Sites. No responsible party shall knowingly rent a room or unit within an apartment house, boarding house, dormitory, granny flat, group home, or guest house to, or allow occupancy as a permanent or temporary resident by, more than one sex offender during any given period of tenancy, unless those persons are legally related by blood, marriage or adoption.

E. Responsible Party Violation – Trailer Coach. No responsible party shall knowingly rent a trailer coach to, or allow occupancy as a permanent or temporary resident by, more than one sex offender during any given period of tenancy, unless those persons are legally related by blood, marriage or adoption.

F. Responsible Party Violation – Mobile Home. No responsible party shall knowingly rent a room or unit within a mobile home to, or allow occupancy as a permanent or temporary resident by, more than one sex offender during any given period of tenancy, unless those persons are legally related by blood, marriage or adoption.

G. Accessory. No responsible party, individual, or entity shall actively and knowingly assist a sex offender’s continued violation of the provisions of this chapter. (Ord. 878 § 2, 2016; Ord. 828 § 1, 2009).

17.28.110 Report of violation.

The police chief, or his/her designee, shall report to the California Department of Corrections and Rehabilitation, Division of Parole, any occurrence of a sex offender who is a parolee and is determined to be in violation of either Penal Code Section 3003.5(a) or (b), or the provisions of this chapter. Penal Code Section 3003.5(a) or (b) shall be supplemental, and not an alternative, to the provisions of this chapter. (Ord. 828 § 1, 2009).

17.28.120 Public nuisance and eviction requirements.

A. Public Nuisance. Notwithstanding any other penalty provided by this code, this chapter, or otherwise by law, the following conduct shall be defined as, and is hereby declared to be, a public nuisance that is injurious to the public health, safety and welfare:

1. Any sex offender whose residency is inconsistent with or in violation of the requirements of this chapter.

2. Any one-family dwelling, duplex, multiple dwelling, hotel, motel, apartment house, boarding house, dormitory, granny flat, group home, guest house, mobile home, mobile home park, or trailer coach used, operated or maintained in a manner inconsistent with or in violation of the requirements of this chapter.

3. Any responsible party allowing a one-family dwelling, duplex, multiple dwelling, hotel, motel, apartment house, boarding house, dormitory, granny flat, group home, guest house, mobile home, mobile home park, or trailer coach to be used, operated or maintained in a manner inconsistent with the requirements of this chapter.

B. Eviction by Responsible Party. If, in order to comply with BGMC 17.28.100, 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 termination of such tenancy or other occupancy, including any applicable procedures and requirements governing the eviction of tenants of real property. The responsible party shall prosecute such action diligently and in good faith. If, in accordance with these procedures and requirements, a court determines that such termination is improper, the responsible party shall not be in violation of this chapter by allowing the sex offender to remain as a tenant or other occupant.

C. Action by City Prosecutor or City Attorney. If a responsible party who is required to terminate a sex offender’s tenancy or other occupancy fails to file an action, or having filed an action, fails to prosecute it diligently and in good faith, the city prosecutor or city attorney may file and prosecute the action, and join the responsible party as a defendant in the action. If, in such action, a jury or court finds the sex offender guilty of unlawful detainer, the city prosecutor or city attorney may be awarded costs, including the costs of investigation and discovery and reasonable attorneys’ fees. If, in such action, a jury or court determines that termination of the sex offender’s tenancy or other occupancy is improper, the responsible party shall not be in violation of this chapter by allowing the sex offender to remain as a tenant or other occupant. (Ord. 828 § 1, 2009).

17.28.130 Exemptions.

The provisions of this article shall not apply to the following sex offenders:

A. Sex offenders who are children (until such individuals reach the age of majority).

B. Sex offenders who are exercising their First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly.

C. Sex offenders who are confined to and reside at a prison or mental health facility within 2,640 feet of any sensitive use site. (Ord. 828 § 1, 2009).

17.28.140 Conflict with other code provisions.

If a conflict occurs between any provision of this article and any other provision of this code, the requirements set forth in this article shall control. (Ord. 828 § 1, 2009).

17.28.150 Reserved.

(Ord. 828 § 1, 2009).

17.28.160 Reserved.

(Ord. 828 § 1, 2009).

Article III. Sex Offender Loitering Restrictions

17.28.170 Unlawful loitering.

Repealed by Ord. 859. (Ord. 828 § 1, 2009).

17.28.180 Measurement of distance.

Repealed by Ord. 859. (Ord. 828 § 1, 2009).

17.28.190 Exemptions.

Repealed by Ord. 859. (Ord. 828 § 1, 2009).

Article IV. Application

17.28.200 Timing of application of this chapter.

Notwithstanding anything to the contrary contained herein, this chapter shall apply only as follows:

A. BGMC 17.28.060 shall apply to all sex offenders upon their establishment of a residence within the city of Bell Gardens after the effective date of the ordinance codified in this chapter.

B. BGMC 17.28.100 shall apply to all responsible parties who allow a new term of occupancy by a sex offender to commence after the effective date of the ordinance codified in this chapter. (Ord. 869 § 3, 2016; Ord. 828 § 1, 2009).