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Home My WebLink AboutORD 06-11 Adding Chapter 9.11 Domicile of ParoleesORDINANCE NO. 6 -11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE ADDING A NEW CHAPTER 9.11 TO THE ORANGE MUNICIPAL CODE RELATING TO DOMICILE OF PAROLEES. WHEREAS, the Orange Municipal Code does not contain specific regulations governing the number of persons on parole who can reside in a dwelling unit, hotel room, or lodging or boarding house; and WHEREAS, due to the State budget crisis and various other factors, the prison population in state prisons has become overburdened; and WHEREAS, due to the State's ongoing budget problems, federal court rulings and new State laws concerning the early release of State prisoners and good time credits, there is the potential that thousands of State prisoners will be eligible for early release from prisons and on parole and that many of them will establish domiciles in Orange County, including in the City of Orange; and WHEREAS, conditions of parole often limit a parolee's ability to associate with another parolee due to the widely accepted belief in law enforcement that such associations play a role in whether the parolee is likely to commit additional crimes and the fact that recidivism rates among parolees is high, especially in California; and WHEREAS, restrictions on parolee associations are not always enforced by local parole officers due to case loads or other factors; and WHEREAS, the concentration of parolees in a single dwelling unit, hotel room, or boarding or lodging house would have an immediate and adverse economic and safety impact to adjoining residential and commercial uses; and WHEREAS, the proposed Ordinance is consistent with the objectives, policies, general land uses, programs and actions of the City's General Plan; and WHEREAS, the proposed Ordinance is necessary to preserve the residential character of the City's neighborhoods and will further the public health, safety and general welfare of the City and its residents because the regulations establish reasonable requirements to prevent an overconcentration of parolees in dwelling units, hotels, and boarding and lodging houses; and WHEREAS, under the California Constitution and California statutory law, the City has the authority to define public nuisances and to protect the health and safety of its residents, its visitors, and its environment; and 1 WHEREAS, the City Council finds that the regulations contained in this Ordinance are substantially related to the City's interest in reducing crime and preserving the quiet use and enjoyment of residential uses; and WHEREAS, based upon the facts and information contained in the written and oral reports, the City Council finds that the proposed Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment and that the project is not subject to CEQA pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES ORDAIN AS FOLLOWS: SF,CTION I- A new Chapter 9.11 shall be added to the Orange Municipal Code to read as follows: Limits on Parolee Domicile 9.11.010 — Purpose of Chapter Due to ongoing budget problems, federal court rulings and new State laws concerning the early release of state prisoners and good time credits, there is the potential that thousands of State prisoners will be eligible for early release from prisons and on parole. Many of these Parolees will establish domiciles in Orange County, including in the City of Orange. Associating with another Parolee is often prohibited by conditions of parole due to the widely accepted belief in law enforcement that such associations play a role in whether a Parolee is likely to commit additional crimes and the fact that recidivism rates among Parolees is high, especially in California. However, restrictions on Parolee associations are not always enforced by local parole officers due to caseloads or other factors and the situation could worsen if even more prisoners are place on parole. The establishment of dwelling units, hotel rooms or boarding or lodging houses with multiple Parolees would have immediate and adverse economic and safety impacts on adjacent residences and neighborhoods. This Chapter is necessary to preserve the residential character of the City's neighborhoods and will enhance the public health, safety and general welfare of the City, its residents and businesses. 9.11.020 Definitions. A. Parolee shall mean any individual who has been convicted of a crime, sentenced to prison, and has received conditional release in the community under the supervision of a parole officer, and shall include federal parolees, state parolees, county N parolees and youth authority parolees as those terms are commonly used and understood and as further defined in the California Penal Code. B. Dwelling unit, hotel, boarding house and lodging house shall have those meanings ascribed to such terms as provided in this Code. 9.11.030 Residential Restrictions. A. Except for the exceptions contained in this Chapter, section 17.14.050.N of this Code (Sober Living Facilities) or by state law, no more than one (1) federal, state, county or youth authority parolee shall be allowed to live or reside in any single dwelling unit, hotel room or boarding or lodging house. B. Married couples in which both spouses are Parolees shall be allowed to live or reside in the same dwelling unit, hotel room or boarding or lodging house, provided that doing so does not otherwise violate either spouse's conditions of parole. A minor who is a Parolee may live or reside with a parent(s) and/or legal guardian(s) who is a parolee provided that doing so does not otherwise violate the minor's or parent(s)'s conditions of parole. C. As part of the application for a conditional use permit for approval of a boarding or lodging house the applicant shall identify any residents that are currently Parolees. Owners and/or operators of approved boarding or lodging houses shall update the information required by this section anytime a Parolee is provided accommodation in the approved boarding and lodging house. D. All boarding and lodging houses shall require any Parolee to sign a "Crime Free Lease Addendum" to their lease or rental agreement. A sample Crime Free Lease Addendum shall be provided by the City as an attachment to the conditional use permit application. The "Crime Free Lease Addendum" shall provide that any criminal violations perpetrated by the Parolee shall be grounds for termination of the written or oral lease, sublease or rental agreement. A copy of the executed Crime Free Lease Addendum shall be mailed to: Chief of Police, City of Orange, 1107 N. Batavia, Orange, CA 92867. E. No dwelling unit, hotel or boarding or lodging house shall be maintained as a nuisance. F. Violations of any of the provisions in this Chapter shall be grounds for revocation of the conditional use permit issued to a boarding or lodging house and shall also constitute a misdemeanor and a nuisance. G. Dwelling units in which Parolees are tenants and boarding or lodging houses in existence prior to the effective date of this Chapter and in violation hereof shall be required to comply with the requirements of this Chapter within twelve (12) months of the effective date." 3 SECTION II: The City Council finds that this Ordinance is not a project and is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Title 14, California Code of Regulations, Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it has no potential for resulting in physical change to the environment. SECTION III If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional. SECTION IV A summary of this Ordinance shall be published and a certified copy of the full text of this Ordinance shall be posted in the Office of the City Clerk at least five (5) days prior to the City Council meeting at which this Ordinance is to be adopted. A summary of this Ordinance shall also be published once within fifteen (15) days after this Ordinance's passage in a newspaper of general circulation, published, and circulated in the City of Orange. The City Clerk shall post in the Office of the City Clerk a certified copy of the full text of such adopted Ordinance along with the names of those City Council members voting for and against the Ordinance in accordance with Government Code Section 36933. This Ordinance shall take effect thirty (30) days from and after the date of its final passage ADOPTED this 24 day of May, 2011. Mayor, City of Orange ATTEST: Mary E. Mur , ity Clerk, City 4 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF ORANGE I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the 10 day of May, 2011, and thereafter at the regular meeting of said City Council duly held on the 24 day of May, 2011, was duly passed and adopted by the following vote, to wit: AYES:COUNCILMEMBERS:Whitaker, Smith, Cavecche, Dumitru, Bilodeau NOES:COUNCILMEMBERS:None ABSENT:COUNCILMEMBERS:None ABSTAIN:COUNCILMEMBERS:None Mary City Orange 5