Ord 744ORDINANCE NO. 744
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA, ADDING
CHAPTER 9.30 TO THE POWAY MUNICIPAL CODE ESTABLISHING
REGISTRATION REGULATIONS FOR HOTELS,
MOTELS, AND LODGING HOUSES
WHEREAS, hotels, motels, and other lodging facilities are intended to
provide safe, clean and comfortable lodging to persons visiting the City of Poway
from time to time; and
WHEREAS, hotel, motels, and other lodging facilities can be used for
prostitution, drug transactions, and other illicit activities, when the registration of
transient occupants by their operators is not monitored for accuracy and
completeness; and
WHEREAS, the City Council finds that the regulation of transient occupant
registrations in hotels, motels, and other lodging facilities in the City of Poway is
necessary to ensure the accuracy of the information provided to the operators,
which will in turn provide protection to the public, including operators and
occupants, allowing law enforcement personnel to effectively and efficiently
determine the identity and location of occupants in the event that crimes are
being committed in and around the hotel, motel, or other lodging facilities.
THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, DOES
ORDAIN AS FOLLOWS:
SECTION 1: Chapter 9.30, consisting of Sections 9.30.010 through
9.30.060, is hereby added to the Poway Municipal Code to read as follows:
Chapter 9.30
HOTEL, MOTEL, AND LODGING HOUSE REGISTRATION REGULATIONS
9.30.010 Purpose and Scope
The purpose of this chapter is to deter the facilitation of prostitution, illicit drug
activity, and other illegal activities within the city by regulating registration
practices in hotels, motels, and other lodging houses.
9.30.020 Definitions
For the purpose of Sections 9.30.010 through 9.30.060, the following words and
phrases are defined as set forth below:
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A. "Hotel" means any structure or portion of any structure, which is occupied
or intended or designed for occupancy by transients for dwelling, lodging, or
sleeping purposes, including any hotel, inn, tourist home, or house, motel, studio
hotel, bachelor hotel, lodging house, rooming house, apartment house,
dormitory, public or private club, mobile home, motor home, travel trailer, or
house trailer at a fixed location, or other similar structure or portion thereof.
B. "Operator" means the person who is the proprietor of the hotel, whether in
the capacity of owner, lessee, sublessee, mortgagee in possession, licensee or
any other capacity. Where the operator performs his or her functions through a
managing agent of any type or character other than an employee, the managing
agent shall also be deemed an operator for the purposes of this chapter and shall
have the same duties and liabilities as his or her principal. Compliance with the
provisions of this chapter by either the principal or the managing agent shall,
however, be considered to be compliance by both.
C. "Room" means any area within a hotel intended for use as dwelling,
lodging, or sleeping purposes. "Room" does not mean any area within a hotel not
intended for use as sleeping or lodging quarters such as meeting or conference
rooms.
D. "Transient" means any person possessing any room or portion thereof in
any hotel for dwelling, lodging, sleeping or any other purpose, or possessing the
right to do the same for a period of thirty consecutive calendar days or less,
counting portions of calendar days as full days.
9.30.030 Registration Identification Required.
A. Every operator of every hotel in the city shall at all times keep and
maintain therein a register, in which the operator shall inscribe with ink, the
name, address, and date of birth of the adult transient who registers for a room or
rooms. Concurrent with the registration process, the adult transient who registers
for a room or rooms must provide to the operator a valid picture identification.
Valid picture identification includes a valid driver's license, federal or state
government or military identification card, passport, or any form of identification
that contains the transient's picture, current address, and date of birth. The type
of picture identification provided to the operator shall be noted in the register and
include the document's identification number and the state or country of
issuance. Additionally, the adult transient who registers for a room or rooms will
be asked to provide the representatives for the hotels, motels, and lodging
houses with the number of adults who will be occupying such room or rooms.
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B. At the time of registration, the operator shall inquire of each transient, and
include in the register, the make and model of the transient's vehicle as well as
the license plate number. If more convenient to the guest, he or she will be asked
to provide the front desk with this information at his or her convenience but prior
to the termination of the period for which the room (or rooms) was let.
C. Such register shall be signed by the transient and such operator shall
thereupon write opposite such name and address so registered the number of
each room assigned thereto together with the time of such inscription. Until all of
the aforementioned entries, except vehicle information, have been made in such
register, no transient shall be permitted to occupy any room in any hotel in the
city. Erasures or alterations on the register shall be prohibited excepting
correction of an error, and no person shall erase or obliterate any name or
address or permit the same. When the transient quits or surrenders any room in
any hotel, the operator of the hotel shall enter the time thereof in the register
opposite the name of such transient.
D. Registration records shall be maintained electronically for not less than
three (3) years from inscription and shall be available for reasonable inspection
by city officials or any peace officer.
9.30.040 Multiple Renting or Letting Prohibition
No operator shall rent or let any room in any hotel more than once within an
eight -hour time period.
9.30.050 Signing of True Name
No person shall write or cause to be written, nor shall any operator or person in
charge of any hotel knowingly permit to be written in any register of any hotel any
name other than the true name of the person so registering.
9.30.060 Violation — Penalty
Any violation of any provision contained in this chapter shall constitute a
misdemeanor offense punishable by up to a one thousand dollar fine and /or
twelve months in the county jail.
SECTION 2: This ordinance shall be codified.
EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty
(30) days after its adoption.
Ordinance No. 744
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CERTIFICATION /PUBLICATION: The City Clerk shall certify the adoption
of this Ordinance and cause it or a summary of it, to be published with the names
of the City Council members voting for and against the same in the Poway News
Chieftain, a newspaper of general circulation in the City of Poway within fifteen
(15) days after its adoption and shall post a certified copy of this Ordinance in the
Office of the City Clerk in accordance with Government Code § 36933.
Introduced and first read at a Regular Meeting of the City Council of the
City of Poway held the 17th day of July, 2012, and thereafter PASSED AND
ADOPTED at a regular meeting of said City Council held the 7th day of August,
2012.
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO)
I, Linda A. Troyan, City Clerk of the City of Poway, do hereby certify that
the foregoing Ordinance No. 744, was duly adopted by the City Council at a
regular meeting of said City Council held on the 7th day of August, 2012, and
that it was so adopted by the following vote:
AYES: BOYACK, GROSCH, MULLIN, CUNNINGHAM, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
ind A. Troyan, MMC
City Clerk
City of Poway