HomeMy WebLinkAboutOrd 1999-2794ORDINANCE NO. 2794
An Ordinance of the City of Chula Vista Adding Chapter 3.41 to
the Chula Vista Municipal Code Relating to Hotels and Motels
Requiring Identification from Customers as a Prerequisite to
Room Rental and Limiting the Rental Period.
The City Council of the City of Chula Vista does ordain as follows:
Section h That Chapter 3.41 is hereby added to the Chula Vista Municipal Code to read
as follows:
Chapter 3.41
REGISTRATION OF TRANSIENTS
REGISTRATION OF TRANSIENTS AT HOTELS AND MOTELS
Sections
3.41.010
3.41.020
3.41.030
3.41.040
3.41.050
3.41.060
Purpose
Definitions
Regulations
Administration
Violations
Frequency of rental
Section 3.41.010 Purpose
The City Council finds and determines that it is important for the safety of visitors to
our community and to control vice, disturbance, and narcotics offenses to require transient
residents of hotels and motels to furnish identification at the time of registration and for
operators to h,ave evidence of identification available for reasonable inspection by a peace
officer. The City Council further finds that furnishing identification at the time of registration
does not impede hotel or motel business and is not overly invasive to patron privacy.
Section 3.41.020 Definitions
The terms "operator," "transient," and "hotel are defined in Section 3.40.020 of the
Municipal Code.
Section 3.41.030 Requlations
Every transient shall furnish to an operator of a hotel satisfactory identification as a
part of the registration process for the hire of lodgings at that hotel by the transient.
Satisfactory identification for legal residents of the United States shall consist of one
of the following: a valid driver's license issued by the transient's state; a federal or
state government or military identification card; a passport; or any other form of valid
governmental identification on which the transients photograph appears. For persons
legally residing outside of the United States, valid governmental identification shall
include an official passport, US Visa, INS Alien Registration Card or INS Border
Crossing Card.
Ordinance 2794
Page 2
The operator of the hotel shall maintain a record of the following identification
produced by the transient. The record shall include the name of transient, current
address, ID number and state or country of issue and date of birth. Irrespective of
method of payment, the hotel operator shall comply with Section 3.41.030A.
An operator shall retain any records required under this subsection for sixty days after
the date the transient vacates the lodging and shall destroy them after that time.
An operator shall notify any transient who fails or refuses to provide proper
identification or refuses to identify occupants to any operator that a room will not be
rented.
The duties imposed on an operator by this Chapter 3.41 shall not be interpreted or
applied so as to violate or cause the violation of the American's with Disabilities Act
of 1990 (PL 101-336).
Section 3.41.040 Administration
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 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.
Section 3.41.050 FreQuency of Rental
The operator shall not rent any room more than two (2) times during any twenty-four
(24) hour period, beginning at 12 noon and ending at 12 noon the following day.
Section 3.41.060 Violations
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 3.41.030B; or to refuse to
provide such information to a police officer conducting an investigation. Provided, however,
that any duty required under Section 3.41.030C terminates on and after the sixty-first (61
day following the date the transient vacates the lodging.
It is unlawful for any operator to rent the same room, or rent to the same transient,
more than two times during any twenty-four hour period, beginning at the time of check-in.
Section Ih This ordinance shall take effect and be in full force and effect on the thirteenth
day after its second reading and adoption.
Presented by
Richard P. Emerson
Police Chief
Approved as to form by
Ordinance 2794
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 17th day of August, 1999, by the following vote:
AYES:
NAYS:
ABSENT:
Councilmembers:
Councilmembers:
Councilmembers:
Davis, Moot, Padilia, Salas and Horton
None
None
ABSTAIN: Councilmembers:
None
ATTEST:
Mary Sa~as,~puty Mayor '
Susan Bigelow, City Cle'r~
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No,2794 had its first reading at a regular meeting held on the 10th day of August,
1999 and its second reading and adoption at a regular meeting of said City Council held on
the 17th day of August, 1999.
Executed this 17th day of August, 1999.
Susan Bigelow, City Clerk