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