CITY OF ENCINITAS CITY COUNCIL AGENDA REPORT Meeting Date: July 10,2013

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1 CITY OF ENCINITAS CITY COUNCIL AGENDA REPORT Meeting Date: July 10,2013 TO: VIA: FROM: Mayor and City Council Members Gus Vina, City Manager l!~ Kathy Hollywood, City Clerk \d\: SUBJECT: Adoption of Ordinance entitled "An Ordinance of the City Council of the City of 'Encinitas, California, adding Chapter 9.45 to the Encinitas Municipal Code regarding Transient Lodging Facilities." BACKGROUND: The Council introduced Ordinance at its June 19,2013, meeting. Attachèd for your review is the agenda report from June i 9, RECOMMENDATION: Adopt Ordinance 20 i 3-03 entitled "An Ordinance of the City Council of the City of Encinitas, California, adding Chapter 9.45 to the Encinitas Municipal Code regarding Transient Lodging Facilities." ATTACHMENTS: 1. Ordinance Agenda report dated June 19, /10/2013 Item #06 Page 1

2 ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA ADDING CHAPTER 9.45TO THE ENCINITAS MUNICIPAL CODE REGARDING TRANSIENT LODGING FACILITIES The City Council of the City of Encinitas, California does ordain as follows: SECTION ONE: Add Chapter 9.45 Transient Lodging Facilities of the Encinitas Municipal Code. SEE ATTACHMENT A SECTION TWO: This Ordinance was introduced on June 19, PASSED AND ADOPTED this day of, 2013, by the following vote to wit: AYES: NAYS: ABSTAIN: ABSENT: ATTESTATION AND CERTIFICATION: This Ordinance was published pursuant to law. Teresa Arballo Barth, Mayor Kathy Hollywood, City Clerk 07/10/2013 Item #06 Page 2

3 CHAPTER 9.45 TRANSIENT LODGING FACILITIES (Ordinance ) SECTIONS: Definitions Rental of Room to Minor - Notification Requirement Register Required - Form of Registration Required Guest Registration - Inspection Violation - Penalty Definitions. As used in this chapter, the following words and phrases have the meanings set forth in this section: A. "Transient Lodging Facility" shall include any hotel, motel, inn, lodging facility and public or private club. Transient lodging facility shall not mean any hospital, convalescent home or rehabilitation facility. B. "Occupancy or occupy" shall mean the use or possession of any room or rooms or portion thereof in any transient lodging facility for dwelling, lodging or sleeping' purposes. C. "Operator" shall mean the person who is the proprietor of a transient lodging facility, whether in the capacity of owner, lessee, sub-lessee, manager, licensee or any other capacity. Where the operator performs its functions through a managing agent of type or character other than an employee, the managing agent shall also be deemed an operator for purposes of this chapter and shall have the same duties and liabilities as its principal. D. "Room" shall mean any area within a transient lodging facility intended for use as lodging, a temporary dwellng, or for sleeping purposes Rental of Room to Minor- Notification Requirement. Any person, whether owner, employee, agent or manager of any transient lodging fa c il it y in the city, who rents or lets any room or rooms to be occupied by a minor of less than eighteen (18) years of age, unless the minor is accompanied by his or her parent(s) or legal guardian or with permission of the same, shall immediately contact law enforcement by telephone ' Register Required - Form of Registration Required. Any operator of any transient lodging facility within the city shall keep a register for the registration of transient guests. Such register shall include the following information: A. Full name of transient; B. Curent address of transient; C. Month, day, year and hour of arrival of transient; D. Room number assigned to transient; E. Full name of any and all individuals who wil occupy the room registered to the transient; F. Legible photocopy of a current government-issued picture identification of transient; 07/10/2013 Item #06 Page 3

4 G. Make, type, color, license plate number, issuing state and name of registered owner of the motor vehicle in the immediate possession of transient. H. Signature of transient; i. Signature of operator, manager or employee assigned to transient registration; J. Month, day, year and hour of departure of transient, or if the exact time of the departure is unkown, the date and time that the departure was first make known to operator. Such register shall be adequately maintained and preserved for a minimum of three (3) years Guest Registration - Inspection. Any operator of any transient lodging facility in the city shall make the transient guest register available for inspection at all times, upon reasonable request, by any law enforcement officer of the city or any peace officer. No person shall erase or alter or suffer or permit to be erased or altered any of the entries in such register Violation - Penalty. Violation of any provision of the chapter or failure to comply with any requirement thereof shall be a misdemeanor punishable in accordance with the provisions of Section of the Encinitas Municipal Code. 07/10/2013 Item #06 Page 4

5 CITY OF ENCINITAS CITY COUNCIL AGENDA REPORT Meeting Date: June 19, 2013 TO: Honorable Mayor and Council Members VIA: Gus Vina, City Manager FROM: Bob McSeveney, Sf. Management Analyst SUBJECT: Introduction of Transient Lodging Facilities Ordinance BACKGROUND: Transient lodging facilities such as hotels and motels can serve as safe havens for persons in violation of the law. Whether a minor on the run, a probation violator or someone conducting criminal activity in the facility, law enforcement must be able to review lodging registers to follow leads and make timely arrests. The Ninth Circuit recently upheld a City of Los Angeles transient lodging facility ordinance in Patel v. City of Los Angeles. The court found the hotel operator failed to establish an objectively reasonable expectation of privacy in their guest registries. The court also found that any intrusion was limited because the ordinance required "minimal interference" with business operations. Voluntary cooperation from Encinitas lodging operators has been inconsistent. There are eleven cities in San Diego County that currently have transient lodging facilities ordinances enabling law enforcement officers to view lodging registers upon request. The attached proposed ordinance is modeled after these, and focuses on lodging operators requiring valid identification from transient lodging guests, reporting minors to law enforcement, and making the lodging register available to law enforcement officers upon request. ANALYSIS: California State prison realignment began in 2010 and shifted lower-level criminals from State prisons to county jails. When County inmates are released, they are released within the County and are in the County's probation system rather than the State parole system. A May 2013 report released by the California Department of Corrections and Rehabilitation (CDCR) confirmed that the shift has occurred and State prison populations have decreased while County jail populations have increased. This was the intent of prison realignment. The San Diego County Sheriff to help ensure probationers and parolees are honoring the conditions of works with the County Probation Department and with the CDCR their release. Parolees Last printed 6/12/ :06:00 AM 06/19/2013 Item #12 Page 1 07/10/2013 Item #06 Page 5

6 and probationers are often counted among the transient population, and tracking their locations can be challenging. In the interest of public safety, deputies in Encinitas need to be able to review the register at temporary lodging facilities such as hotels and motels to follow leads on criminal activity in a timely manner. Apart from the delay, search warrants require specific information that is not always available in a canvassing operation. Even specific information can come on a weekend or on a holiday when the State Court is closed, rendering search warrants impractical. The proposed City transient lodging facilities ordinance wil give Encinitas Sheriff deputies a tool to help manage the changing law enforcement climate in the County. FISCAL AND STAFF IMPACTS: It is difficult to quantify the cost of approving this ordinance, but time saved by deputies could be redirected to other law enforcement activities. RECOMMENDATION: City Council introduces Ordinance ATTACHMENTS: A. Proposed Ordinance B. Proposed Encinitas Municipal Code Chapter 9.45 Transient Lodging Facilities Last printed 6/12/ :06 :00 AM 06119/2013 Item #12 Page 2 07/10/2013 Item #06 Page 6

7 Attachment A ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA ADDING CHAPTER 9.45 TO THE ENCINITAS MUNICIPAL CODE REGARDING TRANSIENT LODGING FACILITIES The City Council of the City of Encinitas, California does ordain as follows: SECTION ONE: Add Chapter 9.45 Transient Lodging Facilities of the Encinitas Municipal Code. SEE ATTACHMENT A SECTION TWO: This Ordinance was introduced on June 19,2013. PASSED AND ADOPTED this day of, 2013, by the following vote to wit: AYES: NAYS: ABSTAIN: ABSENT: ATTESTATION AND CERTIFICATION: This Ordinance was published pursuant to law. Teresa Arballo Barth, Mayor Kathy Hollywood, City Clerk 06/19/2013 Item #12 Page 3 07/10/2013 Item #06 Page 7

8 Attachment B CHAPTER 9.45 TRANSIENT LODGING FACILITIES (Ordinance ) SECTIONS: Definitions Rental of Room to Minor - Notification Requirement Register Required - Form of Registration Required Guest Registration - Inspection Violation - Penalty Definitions. As used in this chapter, the following words and phrases have the meanings set forth in this section: A. "Transient Lodging Facility" shall include any hotel, motel, inn, lodging facility and public or private club. Transient lodging facility shall not mean any hospital, convalescent home or rehabilitation facility. B. "Occupancy or occupy" shall mean the use or possession of any room or rooms or portion thereof in any transient lodging facility for dwelling, lodging or sleeping purposes. C. "Operator" shall mean the person who is the proprietor of a transient lodging facility, whether in the capacity of owner, lessee, sub-lessee, manager, licensee or any other capacity. Where the operator performs its functions through a managing agent of type or character other than an employee, the managing agent shall also be deemed an operator for purposes of this chapter and shall have the same duties and liabilities as its principal. D. "Room" shall mean any area within a transient lodging facility intended for use as lodging, a temporary dwelling, or for sleeping purposes Rental of Room to Minor- Notification Requirement. Any person, whether owner, employee, agent or manager of any t l' a n s en t 10 d gin g facility in the city, who rents or lets any room or rooms to be occupied by a minor of less than eighteen (18) years of age, unless the minor is accompanied by his or her parent(s) or legal guardian or with permission of the same, shall immediately contact law enforcement by telephone Register Required - Form of Registration Required. Any operator of any transient lodging facility within the city shall keep a register for the registration of transient guests. Such register shall include the following information: A. Full name of transient; B. Current address of transient; C. Month, day, year and hour of arrival of transient; D. Room number assigned to transient; E. Full name of any and all individuals who will occupy the room registered to the transient; F. Legible photocopy of a current government-issued picture identification of transient; 06/19/2013 Item #12 Page 4 07/10/2013 Item #06 Page 8

9 G. Make, type, color, license plate number, issuing state and name of registered owner of the motor vehicle in the immediate possession of transient. H. Signature of transient; i. Signature of operator, manager or employee assigned to transient registration; 1. Month, day, year and hour of departure of transient, or if the exact time of the departure is unknown, the date and time that the departure was first make known to operator. Such register shall be adequately maintained and preserved for a minimum of three (3) years Guest Registration - Inspection. Any operator of any transient lodging facility in the city shall make the transient guest register available for inspection at all times, upon reasonable request, by any law enforcement officer of the city or any peace officer. No person shall erase or alter or suffer or permit to be erased or altered any of the entries in such register Violation - Penalty. Violation of any provision of the chapter or failure to comply with any requirement thereof shall be a misdemeanor punishable in accordance with the provisions of Section of the Encinitas Municipal Code. 06/19/2013 Item #12 Page 5 07/10/2013 Item #06 Page 9