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HomeMy WebLinkAboutCC ORD 1997-2132 Adds Ch. 10.40, registration of transients at hotels and motels (10.40)ORDINANCE NO. 9 7 -213 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADDING CHAPTER 10.40 TO THE NATIONAL CITY MUNICIPAL CODE RELATING TO THE REGISTRATION OF TRANSIENTS AT HOTELS AND MOTELS BE IT ORDAINED by the City Council of the City of National City that Title 10 of the National City Municipal Code is hereby amended to add Chapter 10.40, to read as follows: Sections 10.40.010 10.40.020 10.40.030 10.40.040 10.40.050 CHAPTER 10.40 REGISTRATION OF TRANSIENTS AT HOTELS AND MOTELS Transient Registration at Hotels Definitions Regulations Administration Violations Section 10.40.010. Transient Registration at Hotels. The City Council finds and determines that it is important for the control of vice and prostitution to require transient residents of hotels to furnish identification and for operators to have evidence of identification available for reasonable inspection by a peace officer. Section 10.40.020. Definitions. The terms "operator," "transient," and "hotel" are defined in Section 4.32.020 of the Municipal Code. Section 10.40.030. Regulations. A. Every transient must furnish to an operator of a hotel photo identification as part of the registration process for the hire of lodgings at that hotel by the, transient, and must identify all authorized or proposed occupants of the lodging hired to the operator. Photo identification consists of one of the following: a valid driver's license issued by the transient's state or country of residence; a federal or state government or military identification card; a passport; or, Ordinance No. 97-2132 Page 2 of 3 any other form of identification on which the transient's photograph and current address appears. If, because of physical disability, a transient is unable to furnish a governmentally issued form of photographic identifica- tion, an operator is authorized to accept any commercially reasonable form of identification that will serve to identify that transient. B. The operator of the hotel shall maintain a record of the following identification produced by the transient, if the transient is paying by means other than credit card. Notwithstanding use of a credit card, the transient will comply with Section 10.40.030(A) . (1) name of transient, address, date of birth, driver's license number and state or country of issue; (2) name of each person who is authorized or invited by the transient to occupy the room during the term of hire. An operator shall retain any records required under this subsection for sixty (60) days after the date the transient vacates the lodging and may destroy them after that time. C. An operator shall notify any transient who refuses to produce identification that it is unlawful to fail or refuse to provide proper identification or the identity of occupants to any operator of a hotel as a precondition to the registration process. 10.40.040. Administration. A. An operator may post a notice advising transients that a transient is liable for any room charges or damage to the room during the term of hire, whether caused by the transient or other authorized occupant, or both, until the room is vacated by the transient and all authorized occupants and the keys are returned to the operator. The notice may also provide that the transient may be held liable for charges or damage caused by an occupant who was not identified by the transient but occupied the room with the transient's permission. B. The duties imposed on an operator by this Chapter 10.40 shall not be interpreted or applied so as to violate or cause a violation of the Americans with Disabilities Act of 1990 (P.L. 101-336). Ordinance No. 9 7 -213 2 Page 3 of 3 10.40.050. Violations. A. It is unlawful for a transient to refuse to provide identification to an operator or to fail to identify to the operator all occupants who will be authorized or invited by the transient to occupy the lodgings hired by the transient. B. It is unlawful for an operator of a hotel to fail to require a transient to provide photo identification; to fail to retain the information required by Section 10.40.030(B); or to refuse to provide such information upon request of a peace officer conducting an investigation. Provided, however, that any duty required under Section 10.40.030(B) terminates on and after the sixty-first (61 st) day following the date the transient vacates the lodging. PASSED and ADOPTED this 20th day of May , 1997. George H. Waters, Mayor ATTEST: Mi ael R. Dalia 1 City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney f: \hote110.40 Passed and adopted by the Council of the City of National City, California, on May 20, 1997, by the following vote, to -wit: Ayes: Council Members Beauchamp, Inzunza, Morrison, Zarate, Waters. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: GEORGE H. WATERS Mayor of the City of National City, California Ci Clerk of the Ci of National City, California By: Deputy I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar days had elapsed between the days of its introduction and the days of its final passage, to wit, on May 6, 1997 and on May 20, 1997. I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that the reading of said ordinance in full was dispensed with by a vote of not less than a majority of the members elected to the Council and that there was available for the consideration of each member of the Council and the public prior to the day of its passage a written or printed copy of said ordinance. I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of ORDINANCE NO. 97-2132 of the City Council of the City of National City, passed and adopted by the Council of said City on May 20, 1997. City Clerk of the City of National City, California By: Deputy