Ordinance No. 1132115
ORDINANCE NO. 1132
AN ORDINANCE OF THE CITY OF CYPRESS, CALIFORNIA,
ENACTING CHAPTER 17 -74 OF THE CYPRESS MUNICIPAL CODE,
THE SAME TO BE TITLED "REGISTERED SEX OFFENDER RESTRICTIONS"
ORDINANCE
WHEREAS, 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," so as to better protect Californians, and, in
particular, to protect the State's children from sex offenders; and
WHEREAS, Proposition 83, as codified at California Penal Code § 3003.5(b),
prohibits any person who is required to register as a sex offender per California Penal
Code section 290 et seq. (hereinafter referred to as a "registered sex offender ") from
residing within two thousand (2,000) feet of any public or private school, or any park
where children regularly gather; and
WHEREAS, California Penal Code § 3003.5(a), 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; and
WHEREAS, Proposition 83, as codified at California Penal Code § 3003.5(c),
authorizes local governments to enact ordinances that further restrict the residency of
sex offenders; and
WHEREAS, California Government Code § 38773.5 authorizes the City to enact
and enforce within its limits ordinances that provide for the recovery of attorneys' fees in
any action, administrative proceeding or special proceeding to abate a nuisance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The Cypress Municipal Code is hereby amended to add Chapter
17 -74, to be titled "Registered Sex Offender Restrictions," the same to read, in its
entirely, as follows:
"CHAPTER 17 -74: REGISTERED SEX OFFENDER RESTRICTIONS
17 -74.1: Short Title
This Chapter 17 -74, Sections 17 -74.1 through 17 -74.9, shall be known as
the "Registered Sex Offender Restrictions" Ordinance.
17 -74.2: Legislative Findings; Purpose
The purpose of this Chapter 17 -74 is to address the following City Council
findings and determinations:
1. 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," so as
to better protect Californians, and, in particular, to protect the State's
children from sex offenders.
2. Proposition 83, as codified at California Penal Code § 3003.5(b),
prohibits any person who is required to register as a sex offender per
California Penal Code section 290 et seq. (hereinafter referred to as a
"registered sex offender ") from residing within two thousand (2,000) feet of
any public or private school, or any park where children regularly gather.
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3. California Penal Code § 3003.5(a), 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.
4. Proposition 83, as codified at California Penal Code § 3003.5(c),
authorizes local governments to enact ordinances that further restrict the
residency of sex offenders.
5. Article XI, Section 7 of the California Constitution authorizes the
City to enact and enforce within its limits all local, police, sanitary and
other ordinances and regulations not in conflict with general laws, which
are commonly referred to as a City's "police power."
6. California Government Code § 38773.5 authorizes the City to enact
and enforce within its limits ordinances that provide for the recovery of
attorneys' fees in any action, administrative proceeding or special
proceeding to abate a nuisance.
7. The City of Cypress ( "City ") is an attractive, largely residential
community in which families and children can live, work, and play.
8. There are many locations within the City where children frequently
assemble, play or gather, including, but not limited to, public and private
schools, local parks, child care centers, libraries, youth activity centers,
commercial establishments focused upon providing goods or services to
children, and other locations that host classes and /or group activities for
children.
9. As of the date of the adoption of this Ordinance, there are
approximately 36 registered sex offenders currently residing in the City.
10. The City Council is concerned with recent occurrences within the
state of California wherein multiple registered sex offenders have been
residing together in violation of Penal Code § 3003.5, and with the
prospect of the same occurring within the City.
11. The City Council is further concerned with the high recidivism rate
exhibited by sex offenders, which exceeds that exhibited by other
convicted criminals, and with their dangerousness as a class. This 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.
12. By enacting this Chapter 17 -74, the City intends to:
(i) eliminate any potential conflict of land uses in residential
neighborhoods and to reduce the potential dangers associated with
multiple registered sex offenders living near families with children and /or
in places where children frequently gather;
(ii) regulate the number of registered sex offenders permitted to
reside together in multiple family dwellings;
(iii) regulate the number of registered sex offenders permitted to
reside together in hotels and /or motels;
(iv) 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.
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13. In order to foster compliance with the intent of this Ordinance,
Chapter 17 -74 also establishes regulations for property owners who rent
residential facilities to registered sex offenders.
14. This Ordinance is required for the preservation of the public peace,
health, and safety of the citizens of the City.
15. In enacting this Chapter 17 -74, 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.
16. Nothing in this chapter shall be deemed to modify or in any way
limit restrictions placed upon a sex offender by the terms and conditions of
his or her parole or probation.
17 -74.2: Definitions
For purposes of this chapter, the following definitions shall apply:
"Adult" shall mean a person eighteen (18) years and older.
"Child" or "children" shall mean any person(s) under the age of
eighteen (18) years.
"Child safety zone" shall mean any indoor or outdoor area located within
five hundred (500) feet from the nearest property line of a school, child
care center, park, commercial establishment that provides a child's
playground either in or adjacent to the establishment, any facility whose
primary purpose is to provide classes or group activities for children,
and /or any designated school bus stop.
"Child care center" shall mean any State of California, Department of
Social Services licensed facility that provides non - medical care on a less
than twenty -four (24) hour basis 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, including, but not limited to, a
family day care home, infant center, preschool, extended -day care facility,
or school -age child care center.
"Dwelling" shall mean a single - family dwelling or a multi - family dwelling.
For purposes of this chapter, "dwelling" shall not include any state -
licensed 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 and an inn that operates in such capacity.
"Loiter" shall mean to delay, linger, or idle about a child safety zone with
the intent to commit a registerable offense.
"Multi- Family Dwelling" shall mean a residential structure designed for
the permanent residency of two (2) or more individuals, groups of
individuals, or families living independently. This definition shall include a
duplex, apartment complex, mobilehome 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.
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"Park" shall mean any indoor or outdoor areas 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, athletic courts and any open space intended for
recreational use.
"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.
"Registerable offense" shall mean a public offense which, upon
conviction, requires the person who committed the offense to register as a
sex offender pursuant to Penal Code § 290.
"Registered sex offender" shall mean any person required by law to
register with a governmental entity as a sex offender for an offense
against or involving a child or children, including, but not limited to, the
California Sex Offender Registration Act, Penal Code §§ 290, et seq.,
regardless of whether or not that person is on parole or probation.
"Reside" shall mean a temporary or permanent dwelling place, which one
keeps and to which one intends to return, as opposed to a place where
one rests or shelters during a trip or visit. Depending upon the
circumstances, one may have a single place of residence or more than
one place of residence.
"Residential exclusion zone" shall mean any area located within two
thousand (2,000) feet from the nearest property line of the subject
property to the nearest property line of a child care center, public or
private school (grades K through 12) or park.
"Responsible party" shall mean a property owner and /or a property
owner's authorized agent.
"School" shall mean the buildings and grounds of any public or private
school used for the education of children in kindergarten or in grades 1
through 12, inclusive.
"Single- Family Dwelling" shall mean one (1) 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 Tess.
17 -74.3: Residency Restrictions
17- 74.3.01: Residency Restrictions; Generally
(a) Any registered sex offender is prohibited from residing within
two thousand (2,000) feet of any school, park or child care center.
(b) Any registered sex offender who established residency within
the City of Cypress prior to the effective date of this chapter is prohibited
from changing residence if the new residence would be in violation of
subsection (a), above.
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(c) Any person who is convicted of a registerable offense against a
child subsequent to the effective date of this chapter is prohibited from
residing within two thousand (2,000) feet of any school, park or day care
center, irrespective of whether the residence was established prior to the
effective date of the chapter.
17- 74.3.02: Residency With Other Registered Sex Offenders
(a) Same Dwelling. A registered sex offender shall be prohibited
from renting or otherwise occupying a single - family dwelling or a unit in a
multi - family dwelling with another registered sex offender, regardless of
the permanent or temporary residential status of either registered sex
offender, unless those persons are legally related by blood, marriage, or
adoption.
(b) Multiple Dwellings. A registered sex offender shall be
prohibited from renting or otherwise occupying a unit in a mufti-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 registered sex
offender as a permanent resident, unless those persons are legally related
by blood, marriage, or adoption.
(c) Temporary Residency. A registered 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.
17- 74.3.03: Residency Restrictions; Responsible Party Prohibitions
(a) Same Dwelling. Except as otherwise provided in this chapter, 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 registered sex offender, regardless of the
permanent or temporary residential status of either registered sex
offender, unless those persons are legally related by blood, marriage, or
adoption.
(b) Multiple Dwellings. Except as otherwise provided in this
chapter, 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 a registered sex offender as a permanent resident, unless
those persons are legally related by blood, marriage, or adoption.
(c) Temporary Residency. Except as otherwise provided in this
chapter, 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 registered sex offender as a temporary resident.
17- 74.3.04: Residency Restrictions; Exceptions
The provisions of this chapter that restrict residency shall not apply to:
(a) A registered 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.
(b) A registered sex offender's otherwise lawful tenancy or other
occupancy of that commenced prior to the initial operation of a child care
center, public or private school, or park, that would otherwise create a
residential exclusion zone prohibiting said tenancy or occupancy.
17 -74.4: Proximity Restrictions
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17- 74.4.01: Proximity Restrictions; Generally
It is unlawful for any registered sex offender to be within 500 (five
hundred) feet of any school, child care center or park.
17- 74.4.02: Proximity Restrictions; Exceptions
(a) Any registered sex offender is prohibited from being located
within 500 (five hundred) feet of any school or child care center unless the
registered sex offender is a parent or guardian of a child for whom the
individual is legally responsible and the child attends the school or is a
student at the school. Presence at the school or day care is permitted
only for the limited time and purpose of picking up or dropping off the
child, or to attend special events, and with the written permission of the
school administrator who is responsible for child safety.
(b) Any registered sex offender is prohibited from being located
within 500 (five hundred) feet of a park, unless the registered sex offender
is a parent or guardian of a child for whom the individual is legally
responsible and the child is present at the park.
(c) Any registered sex offender who lives within 500 (five hundred)
feet of any school, child care center or park as of the effective date of this
chapter is not required to move. However, the registered sex offender
must proceed directly to and from his or her residence, and not loiter or
remain within the 500 (five hundred) foot zone.
17- 74.4.03: Loitering
A registered sex offender shall be prohibited from loitering in a child safety
zone.
17 -74.5: Measure Of Distance
The five hundred (500) foot buffer zone and the two thousand (2000) foot
buffer zone are measured in a straight line, in all directions, without regard
to intervening structures, from any property line of any school, child care
center or park.
17 -74.6: Hotel Regulations
17- 74.6.01: Hotel Regulations; Registered Sex Offender Prohibitions
(a) Same hotel room. Except as provided by this chapter, a
registered sex offender shall be prohibited from renting or otherwise
occupying the same guest room in a hotel with another registered sex
offender, regardless of the permanent or temporary residential status of
either registered sex offender, unless those persons are legally related by
blood, marriage, or adoption.
(b) Separate hotel rooms. Except as provided by this chapter, a
registered 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 registered
sex offender, regardless of the permanent or temporary residential status
of either registered sex offender, unless those persons are legally related
by blood, marriage, or adoption.
17- 74.6.02: Hotel Regulations; Responsible Party Prohibitions
(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 registered sex offender, regardless of the
permanent or temporary residential status of either registered sex
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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 registered sex offender, regardless of the permanent or
temporary residential status of either registered sex offender, if there is
already a registered sex offender renting or otherwise occupying another
guest room in that hotel, unless those persons are legally related by blood,
marriage, or adoption.
17 -74.7: Eviction Requirements
If, in order to comply with Section 17- 74.3.03 or Section 17- 74.6.02, a
responsible party is required to terminate a registered 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 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
registered sex offender to remain as a tenant or other occupant.
17 -74.8: Halloween Restrictions For Registered Sex Offenders
17- 74.8.01: Purpose & Intent
The City Council of the City of Cypress finds, determines, and declares
that this Section 17 -74.8, inclusive, has been enacted upon the following
facts and purposes:
(a) The events of Halloween could put children unknowingly in
close proximity to registered sex offenders.
(b) Registered sex offenders pose an immediate threat around
Halloween to the public health, safety and welfare because youth often will
engage a disproportionate number of complete strangers when door -to-
door canvassing different neighborhoods as part of the traditional
Halloween activities.
(c) Halloween events, particularly the door -to -door solicitation of
candy, creates the potential for many encounters between children and
registered sex offenders.
17- 74.8.02: Time, Place & Manner Restrictions
All registered sex offenders, between 12:00 a.m. and 11:59 p.m. on
October 31st of each year shall:
(a) Leave all exterior residential, decorative and ornamental
lighting off during the evening hours starting at five p.m. until eleven fifty -
nine p.m. on October 31st.
(b) Be prohibited from decorating his or her residence with
Halloween decorations.
(c) Be prohibited from answering the door to children who are trick -
or- treating.
17 -74.9: Penalties
(a) Misdemeanor. Any person violating any of the provisions of
this chapter shall be guilty of a misdemeanor, and, upon conviction
thereof, the penalty shall be a fine of not more than $1,000.00 or
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imprisonment in jail for a period of not more than six months or by both
such fine and imprisonment.
(b) Civil Remedies /Enforcement. 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
or County to enforce a violation of this chapter by means of a civil
enforcement proceeding through a restraining order, a preliminary or
permanent injunction, or by any other means available by law. Any civil
proceeding so commenced or initiated may be an alternative to, or in
addition to, a criminal or administrative proceeding initiated per this
section.
(c) Nuisance; Administrative Remedies. Any single - family
dwelling, multi - family dwelling or hotel operated or maintained in a manner
inconsistent with the 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 public nuisance, injurious to the public
health, safety and welfare, and subject to abatement and recovery of
abatement costs and expenses. Nothing in this chapter shall limit the
authority of the City from initiating an administrative enforcement action, or
related administrative proceeding, to abate such a public nuisance. Any
administrative proceeding so commenced or initiated may be an
alternative to, or in addition to, a criminal or civil proceeding initiated per
this section.
(d) Continuing Violation. 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."
Section 2. If any section, subsection, sentence, clause, phrase, 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 Ordinance. The City Council of the City of Cypress hereby
declares that it would have adopted this Ordinance and each section, subsection,
sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses, phrases, or portions thereof may be
declared invalid or unconstitutional.
Section 3. This Ordinance shall be in full force and effect thirty (30) days after
its passage.
Section 4. The City Clerk shall certify to the passage and adoption of this
Ordinance by the City Council of the City of Cypress and shall cause a summary of this
Ordinance to be published in accordance with Government Code § 36933.
FIRST READING at a regular meeting of the City Council of said City held on the
27th day of February, 2012 and finally adopted and order posted at a regular meeting held
on the 12th day of March, 2012.
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
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OR CITY OF CYPRESS
123
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, DENISE BASHAM, City Clerk of the City of Cypress, DO HEREBY CERTIFY that
the foregoing Ordinance was duly adopted at a regular meeting of said City Council held
on the 12th day of March, 2012, by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Luebben, Mills, Seymore, Narain, and Bailey
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
a)0e_ : 'Y)
CITY CLERK OF THE CITY OF CYPRESS
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