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HomeMy WebLinkAbout09. Introducing and Ordinance Amending DMC Section 4130Elm t y le fim OFFICE OF •- •_ • t ORDINANCE AMENDING •r • SUBSECTIONS AND (C) REGULATING HOTELS, LODGING AND ROOMING HOUSE GUEST REGISTERS Staff recommends that the City Council introduce the following titled ordinance, •_I • • • • r• r r• •s • � • r _• r The City of Downey ( "City ") regulates hotel, lodging and rooming house guest (collectively referred to as "hotel') registers under Chapter Article IV, Chapter 1 of the Downey Municipal Code ( "DMC ") (Attachment A). Currently, DMC Section 4130 subsection (a) and (c) require hotel registers to be open for inspection by other guests of the hotel as well as to the police chief or any policeman or police detective of the City. In light of a recent decision by the United States Supreme Court in City of Los Angeles v. Patel, et al. concerning hotel guest registry inspections, DMC section 4130 subsections (a) and (c) should be amended to ensure compliance with the Fourth Amendment of the U.S. Constitution. r • On June 22, 2015, the United States Supreme Court issued a ruling in City of Los Angeles v. Patel, et a/. regarding the constitutionality of a municipal ordinance from the City of Los Angeles that requires hotel operators to record information about guests (i.e., a guest registry) and to allow the police to inspect the register upon demand. A group of hotel operators challenged the ORDINANCE REGARDING INSPECTION OF HOTEL_ REGISTRIES NOVEMBER 24, 2015 PAGE 2 ordinance claiming it was facially invalid under the Fourth Amendment of the U.S. Constitution based on their expectation of privacy in their own records. The Supreme Court held that the ordinance was facially invalid under the Fourth Amendment. The Court held that there is a privacy interest in the operators' hotel registry and that the Los Angeles ordinance violated the Fourth Amendment by compelling hotel operators to turn over hotel registry records without a proper administrative warrant or an ability of the hotel operator to challenge the inspection before disclosing the records to law enforcement. The Court held that the right of inspection by law enforcement was an administrative search, subject to the requirement of affording the hotel operators an opportunity to obtain pre- compliance review before a neutral decision maker. The Los Angeles ordinance failed to provide for such pre- compliance review and thus violated the Fourth Amendment of the U.S. Constitution. Similar to the Los Angeles ordinance at issue in Patel,_ DMC section 4130 subsections (a) and (c) currently require hotel operators to allow police officers and detectives to inspect their guest registers. It also allows hotel guests the ability to inspect the hotel registers as well. To comply with the Supreme Court's recent decision in Patel, the City should amend DMC Section 4130 subsections (a) and (c) to eliminate the requirement that all guest registers be automatically open to inspection by any hotel guest, the Police Chief, police officers or detectives of the City. Under the proposed amended ordinance, the Police Chief, police officers and detectives will still have the ability to inspect such records, but such inspection shall be done in accordance with federal and state law; for example, via a warrant, a subpoena or if there exists exigent circumstances (emergency situations where law enforcement must have the hotel register information to prevent physical harm to the officers or other persons, the destruction of relevant evidence, the escape of a suspect - and there is no time for law enforcement to obtain a warrant). FISCAL IMPACT None, ATTACHMENTS Ordinance Attachment A: Chapter Article IV, Chapter 1 of the Downey Municipal Code 2 •-r • •-� • • •; • r• • •r r -0-9-k Im • WHEREAS, Section 4130 of the Downey Municipal Code regulates every person operating any hotel, rooming house, and lodging house and requires such person to maintain a guest register; and WHEREAS, Section 4130 subsections (a) and (c) currently require that such guest register be open to for inspection by other guests and the Chief of Police, police officer or police detective upon request; and WHEREAS, the United States Supreme Court's recent decision in City of Los Angeles v. Patel et al. held that a hotel owner must be afforded an opportunity to obtain pre compliance review before a neutral decision-maker prior to being required to give its guest registry to the police for inspection; and WHEREAS, the United States Supreme Court also held in the City of Los Angeles v Patel, et al. case that hotel guests have an expectation of privacy in their personal information contained in hotel registries; and WHEREAS, the City desires to amend Section 4130 subsection (a) and (c) of the Downey Municipal Code to remove the rights of guests to inspect the personal information of guest registers; and to comply with the Fourth Amendment of the United States Constitution in accordance with the United States Supreme Court's ruling in City of Los Angeles v. Patel et al. with regard to the inspection of guest registers by law enforcement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES ORDAIN AS FOLLOWS: SECTION 1. Article IV, Chapter 1, section 4130 subsections (a) and (c) ( "Registration of Guests: Hotels, Lodging and Rooming Houses ") of the Downey Municipal Code is hereby amended to read as follows: "(a) Every owner, keeper, or proprietor of any lodging house, rooming house, or hotel shall keep a register wherein he shall require all guests, roomers, or lodgers to inscribe their names and motor vehicle license number, if applicable, upon their procuring lodging or a room or accommodations. Said register shall also show the day of the month and year when said name was so inscribed and the room occupied or to be occupied by said lodger, roomer, or guest. Said register shall be kept in a conspicuous place in said lodging house, rooming house, or hotel and at all times shall be open to inspection by the Chief of Police or any regular policeman or police detective as long as such inspection complies with federal and state laws." "(c) Erasures or alterations on the register or document required by Sections 4130 (a) or (b) shall not be permitted or made for any purpose, and it shall be unlawful to erase a name or names and address or addresses, or to permit or allow such an erasure. Such register or documents shall be kept in a conspicuous place and shall be at all times opened to the inspection of any peace officer as long as such inspection complies with federal and state laws." SECTION 2. The City Council find this action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. SECTION 3. If any section, subsection, paragraph, sentence, clause or phrase of this Ordinance is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional. SECTION 4.; The City Clerk shall certify to the adoption of this Ordinance and cause the same to be published in the manner prescribed by law. APPROVED AND ADOPTED this -_ day of , 2015: LUIS H. MARQUEZ, Mayor ATTEST: ADRIA M. JIMENEZ, CMC City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) CITY OF DOWNEY ) 1 HEREBY CERTIFY that the foregoing Ordinance No. was introduced at a regular meeting of the City Council of the City of Downey held on the day of , 2015, and adopted at a regular meeting of the City Council of the City of Downey held on the day of 2015, by the following vote, to wit: AYES: Council Members: NOES: Council Member: ABSENT: Council Member: ABSTAIN : Council Member: I FURTHER CERTIFY that a Summary of the foregoing Ordinance No. , was published in the Downey Patriot, a newspaper of general circulation in the City of Downey, on , 2015 (after introduction), and on 1 2015 (after adoption, including the vote thereon). It was also posted in the regular posting places in the City of Downey on the same dates. ADRIA M. JIMENEZ, CIVIC City Clerk [:0"ney.Muhii:i r de Up I Preyl• i Main h trint W k I (b) Before furnishing any lodging for hire to any person in any lodginghouse, or before renting any roo-tctoa-i)LgersoT(,i,Ta-t%roo-ff,iT, ous-e--nrl-ie-f-ore-'timishinizanv accommodations toativ izuestatanv- (c) Erasures or alterations on the register or document required by Sections 4130 (a) or (b) shall not be permitted or made for any purpose, and it shall be unlawful to erase a name or names and address or addresses, or to permit or allow such an erasure. Such rd�ist6i�or documents shall be k* in a purposes. public lodginghouse • hotel, any other or different name • r esignation than the true name of the person registering therein. (e) No person shall let any room or area in any lodginghouse, rooming house or hotel in the city mm than twice in any twenty-four (24) hour period. (f) No person conducting or owning a lodginghouse, rooming house or hotel, and no person in actua �z4U&_i "z-wA44 ,4 hourly or other short time rates of less than twelve (12) hours; or in any way advertise that any room 0 area is available at hourly or other short time rates of less than twelve (12) hours. (Added by Ord. 216,1 adopted 1-4-63; amended by Ord. 773, adopted 11-13-84; Ord. 775, adopted 11-27-84) View the mobile version.