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For purposes of this chapter, the following definitions shall apply:
“Child” means a person under the age of eighteen (18) years.
“Park” means an open space intended for recreational use that has playground equipment, sports fields, courts, ramps, or other recreational equipment intended for a child's use.
“Prohibited location” means park, or school and any location where residency is prohibited by California Penal Code section 3003.5.
“Residential unit” means a single-family home, mobile home, a unit in a multifamily complex including apartments or condos, a unit in a duplex, and a single room in a hotel, motel, or inn.
“School” means 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.
“Sex offender” means any person on parole for whom registration is required pursuant to Section 290 of the California Penal Code and for whom registration is required as a result of a conviction involving an offense involving a child.
(Ord. 521 § 1 (part), 2017: Ord. 442 § 2 (part), 2010)
No sex offender shall reside within one thousand (1,000) feet of the nearest property line of any prohibited location. (Ord. 442 § 2 (part), 2010) This restriction is measured from individual unit, not the multifamily complex or mobile home park property-line.
Further, no sex offender shall reside in a residential unit already occupied by a sex offender, unless those persons are legally related by blood, marriage or adoption.
(Ord. 521 § 1 (part), 2017: Ord. 442 § 2 (part), 2010)
Section 9.25.040 shall not apply in any of the following circumstances:
A. For any residence not prohibited by California Penal Code section 3003.5, but prohibited by this Chapter, where the sex offender established residency prior to the effective date of the ordinance codified by this chapter.
B. For any residence prohibited by California Penal Code section 3003.5 and by operation of this Chapter, where the sex offender established residency prior to the effective date of Penal Code section 3003.5(b).
C. The sex offender established the residency prior to the initial operation of the prohibited location. (Ord. 442 § 2 (part), 2010)
D. The sex offender has passed ten (10) years of supervision (parole) without reoccurrence of an offense that requires registration under Section 290 of the California Penal Code.
E. The sex offender has a disability that significantly limits their ability to re-offend, or is housed in a senior care facility where there is likely no contact with children.
F. On a case-by-case basis, where it is supported by circumstances found in the sex offender's criminal history and there is a clearly articulated justification, the City may grant an exception to the Residency Restrictions of this section.
(Ord. 521 § 1 (part), 2017: Ord. 442 § 2 (part), 2010)
A. Any person who violates this chapter is guilty of a misdemeanor.
B. Any violation of this Chapter shall be subject to the penalties and enforcement pursuant to Chapter 1.32. A person is guilty of a separate offense for each and every day during which a violation occurs. Peace officers of the Murrieta police department shall be authorized to issue citations or take such enforcement action as authorized by Chapter 1.28.
(Ord. 521 § 1 (part), 2017: Ord. 442 § 2 (part), 2010)