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

Similar documents
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VACAVILLE ADDING CHAPTER 9

THIS IS A DRAFT OF AN ORDINANCE TO BE PROPOSED AT THE DECEMBER 4, 2017 WAITE PARK CITY COUNCIL MEETING

Administration Policies & Procedures Section Commercial Ground Transportation Regulation

Ordinance No Amendments to Airport Ordinance 87-8

) ) ) ) ) ) ) ) ) ) ) ) ) Defendants.

TOWNSHIP OF FAIRFIELD APPLICATION FORM FOR HOTELS, MOTELS, LODGES AND INNS LICENSE

CITY OF BELLFLOWER ORDINANCE NO. 1320

Town of Christiansburg Planning Commission 100 East Main Street Christiansburg, Virginia Telephone: (540) Fax: (540)

ORDINANCE NO The City Council of the City of Fort Atkinson does hereby ordain as follows:

Administration Policies & Procedures Section Commercial Ground Transportation Regulation

CHAPTER 61 SHEBOYGAN COUNTY MEMORIAL AIRPORT

ORDINANCE NO

CITY OF OCEAN SHORES, WASHINGTON ORDINANCE NO. 940

AN URGENCY ORDINANCE OF THE COUNTY OF BUTTE CAMP FIRE DISASTER RECOVERY TEMPORARY HOUSING ORDINANCE: 4/5 VOTE REQUIRED

THE CITY OF BLUE ISLAND COOK COUNTY, ILLINOIS

ORDINANCE NO Section 2. That the Revised Ordinances of Sioux Falls, SD, are hereby amended by adding a

Financial Policies Unclaimed Check

RIVERDALE CITY CITY COUNCIL AGENDA January 20, 2009 AGENDA ITEM:

BTR Checklist for Amusement Arcades

San Bernardino International Airport Authority Hangar Policies and Procedures

I. IF GUEST HAS A CONFIRMED RESERVATION

ORDINANCE NO WHEREAS, Ordinances 8081 requires project labor agreement (PLA s) in City

Financial Policies Unclaimed Check

AIRPORT ACCESS PERMIT # FOR ON-DEMAND TAXICAB SERVICES AT MINETA SAN JOSE INTERNATIONAL AIRPORT BETWEEN AND THE CITY OF SAN JOSE

FIRE DEPARTMENT MEMORANDUM

SEASONAL CAMPGROUND ADMISSION AGREEMENT

The Amusement Ride Safety Act

City of Venice Venice Municipal Airport

RESOLUTION NO

Santa Monica Airport Application for Commercial Operations Permit (Please note this is a public document)

Village Manager s Office

EXHIBIT C. GROUND TRANSPORTATION OPERATING RULES & REGULATIONS Dated August 28, Section 1 Introduction

Terms and Conditions of the Carrier

REGULAR MEETING OF THE KENNER CITY COUNCIL DECEMBER 7, :00P.M. COUNCIL CHAMBER- KENNER CITY HALL SUPPLEMENTAL AGENDA PUBLIC APPEARANCE AGENDA

RESOLUTION NO

Business License Application ALL LICENSES EXPIRE MARCH 31

Public Hearing: Tabled

SALT LAKE CITY ORDINANCE No. 68 of (Motor vehicle operation at the Salt Lake City International Airport)

SUPPLEMENTAL NOTE ON HOUSE SUBSTITUTE FOR SENATE BILL NO. 70

ALPINE FLIGHT TRAINING, LLC. AIRCRAFT RENTAL AGREEMENT. 1. The following training prohibitions exist for all Company aircraft: spins in airplanes.

SADDLE CREEK ENTRANCE (PRIVACY) GATE OPERATING AGREEMENT BETWEEN SADDLE CREEK COMMUNITY SERVICES DISTRICT AND CASTLE & COOKE CALIFORNIA, INC

CITY OF ANAHUAC ORDINANCE NO RECREATIONAL VEHICLE PARKS

Love Field Customer Facility Charge Ordinance

CONTRACT OF CARRIAGE When you buy a ticket to travel with Air Century, you establish a transportation contract with us. The terms are the following:

(Japanese Note) Excellency,

Coastside County Water District Board of Directors. Mary Rogren, Assistant General Manager

AGENDA SPECIAL MEETING OF THE CITY OF SUISUN CITY PLANNING COMMISSION 6:30 P.M., JUNE 6, 2011

The Corporation of the Township of Wollaston By-law Being a by-law to licence recreational vehicles and tents in the Township of Wollaston

REGISTRAR OF PASSENGER TRANSPORTATION MINISTRY OF TRANSPORTATION AND INFRASTRUCTURE

Chapter 1 Microfinance Supervisory Committee

WTF? ANOTHER NEW Form I-9? Compliance By September 17, Form I-9 1. Disclaimer

THE CORPORATION OF THE TOWNSHIP OF NORTH FRONTENAC BY-LAW #114-13

Conditions of Carriage

CONSOLIDATED GROUP (NON-MEC GROUP) TSA USER AGREEMENT. Dated PERSON SPECIFIED IN THE ORDER FORM (OVERLEAF)

All taxes, departure and/or airport fees are the sole responsibility of the passengers.

77th OREGON LEGISLATIVE ASSEMBLY Regular Session. House Bill 2064

CITY OF PALMDALE LOS ANGELES COUNTY, CALIFORNIA RESOLUTION NO. CC

PLACERVILLE HOTEL INCENTIVE PROGRAM

Asian-Pacific Law & Policy Journal

AGREEMENT FOR OPERATION OF THE AIR TRAFFIC CONTROL TOWER AT THE TRUCKEE TAHOE AIRPORT

ORDINANCE NO. 418 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MACKAY, CUSTER COUNTY, IDAHO:

Civil Aviation Authority of Nepal, Civil Aviation Regulation, 2058 (2002)

APPENDIX. Cabins at Sour Grass

SECTION 2 - GENERAL REGULATIONS

Temporary Taxicab Registration and Operating Agreement

WHEREAS, the City operates and manages Rapid City Regional Airport (RAP); and

RV LOT PROCEDURE. RV1.4 Special circumstances (e.g., hardship, military service) will be addressed on an individual basis.

CHARTER SIGNATURE SCHOOL

The Union of Myanmar. The State Peace and Development Council. The Nay Pyi Taw Development Law

Chapter 326. Unclaimed Moneys Act Certified on: / /20.

CARNES CROSSROADS COMMUNITY ASSOCIATION, INC. CARNES CROSSROADS GREEN BARN RENTAL AGREEMENT

PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL. Pres

AGREEMENT APPLICATION PACKET

8/15/2016. Immigration law can be complex and it is not possible to describe every aspect of the process. This presentation provides basic

CITY OF PALMDALE. REPORT to the Mayor and Members of the City Council from the City Manager

JOINT INFORMATION MEETING AGENDA DOCUMENTATION

HOTEL KEEPERS ACT. PDF Version [Printer-friendly - ideal for printing entire document]

STATE OF NEW JERSEY. ASSEMBLY, No th LEGISLATURE

GROUND TRANSPORTATION RULES AND REGULATIONS MONTROSE REGIONAL AIRPORT. Montrose, Colorado

CAMP MATHER - SUMMER 2018 Reservation Rates, Rules and Regulations

that shall be accessed via the main lobby of the building or entryways

Application for Membership

CAMPING LOS GALLARDOS RULES & REGULATIONS

ORDINANCE NO WHEREAS, there was a need to emphasize that adequate screening is now required for parked recreational vehicles.

RULES OF TENNESSEE DEPARTMENT OF TRANSPORTATION AERONAUTICS DIVISION CHAPTER LICENSING AND REGISTRATION OF AIRPORTS TABLE OF CONTENTS

City Council Agenda Cover Memorandum

STATE OF WASHINGTON KING COUNTY SUPERIOR COURT I NO. Attorney General, and Mitchell A. Riese, Assistant Attorney General, files this action against

CHG 0 9/13/2007 VOLUME 2 AIR OPERATOR AND AIR AGENCY CERTIFICATION AND APPLICATION PROCESS

OPERATIONAL REQUIREMENTS & FEES PREARRANGED GROUND TRANSPORTATION PERMIT SUMMARY

GHANA CIVIL AVIATION (ECONOMIC)

Terms and Conditions applicable to Travel Agencies registered at volaris.com

INDEPENDENT STATE OF PAPUA NEW GUINEA. CHAPTER No Unclaimed Moneys. GENERAL ANNOTATION.

PRIVACY POLICY KEY DEFINITIONS. Aquapark Wrocław Wrocławski Park Wodny S.A. with the registered office in Wrocław, ul. Borowska 99, Wrocław.

CITY OF HAMILTON. PLANNING AND ECONOMIC DEVELOPMENT DEPARTMENT Parking and By-Law Services Division

Agreement ' ' Romanian Civil Aeronautical Authority Sos. Bucuresti-Pioiesti, nr.38-40, sect.l, Bucharest Romania (hereafter RCAA) and

THIS ORDINANCE WAS VETOED BY THE PARISH PRESIDENT, BUT IT WAS OVERRIDDEN BY THE COUNCIL AT THE AUGUST 22, 2017 LAFOURCHE PARISH COUNCIL MEETING.

GUYANA CIVIL AVIATION REGULATION PART X- FOREIGN OPERATORS.

NEW REGISTRATION SYSTEM!

City of Culver City Courtesy Notification

General Terms & Conditions

Transcription:

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 2013-03 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." BACKGROUND: The Council introduced Ordinance 2013-03 at its June 19,2013, meeting. Attachèd for your review is the agenda report from June i 9, 2013. 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 2013-03 2. Agenda report dated June 19,2013. 07/10/2013 Item #06 Page 1

ORDINANCE 2013-03 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, 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 07/10/2013 Item #06 Page 2

9.45.010 CHAPTER 9.45 TRANSIENT LODGING FACILITIES (Ordinance 2013-03) SECTIONS: 9.45.010 Definitions 9.45.020 Rental of Room to Minor - Notification Requirement 9.45.030 Register Required - Form of Registration Required 9.45.040 Guest Registration - Inspection 9.45.050 Violation - Penalty 9.45.010 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. 9.45.020 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. 9.45.030' 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

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. 9.45.040 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. 9.45.050 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 1.08.050 of the Encinitas Municipal Code. 07/10/2013 Item #06 Page 4

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 2013-02 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 6/12/2013 11 :06:00 AM 06/19/2013 Item #12 Page 1 07/10/2013 Item #06 Page 5

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 2013-02. ATTACHMENTS: A. Proposed Ordinance 2013-02 B. Proposed Encinitas Municipal Code Chapter 9.45 Transient Lodging Facilities Last printed 6/12/2013 11 :06 :00 AM 06119/2013 Item #12 Page 2 07/10/2013 Item #06 Page 6

Attachment A ORDINANCE 2013-02 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

Attachment B 9.45.010 CHAPTER 9.45 TRANSIENT LODGING FACILITIES (Ordinance 2013-02) SECTIONS: 9.45.010 Definitions 9.45.020 Rental of Room to Minor - Notification Requirement 9.45.030 Register Required - Form of Registration Required 9.45.040 Guest Registration - Inspection 9.45.050 Violation - Penalty 9.45.010 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. 9.45.020 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. 9.45.030 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

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. 9.45.040 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. 9.45.050 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 1.08.050 of the Encinitas Municipal Code. 06/19/2013 Item #12 Page 5 07/10/2013 Item #06 Page 9