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HomeMy WebLinkAbout4257 Ordinance ORDINANCE NO. '12.5-7 AN ORDINANCE of the City of Pasco, Washington Amending Chapter 5.40 "Hotels and Rooming Houses"; Amending Section 5.40.040 "Register to be Kept"; Amending Section 5.40.080 "Certain Persons Prohibited on Premises"; Amending Section 5.40.090 "Purpose of Chapter"; and Amending Section 5.40.100 "Seizure of Illegal Articles-Warrant" WHEREAS, the recent decision by the United States Supreme Court case in City of Los Angeles, California v. Patel, has changed its standard for unconsented inspections of hotel guest registries requiring amendments to PMC Chapter 5.40; and WHEREAS, additional regulations contained within Chapter 5.40 are outdated, antiquated, and potentially unenforceable requiring review and modification to provide not only for the safety of the citizens of the City of Pasco,but also their rights to privacy. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,WASHINGTON,DO ORDAIN AS FOLLOWS: Section 1. That Section 5.40.040 of the Pasco Municipal Code entitled "Register to be Kept" shall be and hereby is amended and shall read as follows: 5.40.040 REGISTER TO BE KEPT. No person to whom a license shall be issued under this chapter shall suffer or permit the hotel, rooming house, lodging house or other lodging place to be used for any immoral or unlawful purpose and shall at all times keep a standard hotel register in which shall be inscribed the names of all guests or persons renting, using or occupying rooms or quarters therein,which register shall be signed by the person using a room, rooms, space or quarters or by someone on his behalf and under his direction. Such registration must be made and after the name or names so inscribed or registered the owner of the place, manager of the place;-or his agent, or servant shall write the number of the room or rooms which such guest or person is to occupy, together with the time when such room is rented, all of which shall be done before such person is permitted to occupy or use such room or rooms. Such register shall be maintained and available for inspection by an officer or an official of the City with the consent of the owner, manager, or agent of such place, or in response to administrative or judicial warrant or order. (Prior code Sec. 3-7.16.) Section 2. That Section 5.40.080 of the Pasco Municipal Code entitled "Certain Persons Prohibited on Premises"shall be and hereby is amended and shall read as follows: 5.40.080 CERTAIN PERSONS PROHIBITED ON PREMISES. It is unlawful for the licensee or any person in charge of any hotel,rooming house,lodging house or place covered by such license, knowingly to receive or retain as a roomer, visitor, lodger, or guest thereat any pimp; or prostitute, -.. _ _ , •. , ' , , - _ , - _• - -: ._ . and to harbor any such or to allow any such person to be or remain upon the premises as guest, visitor, lodger, employee, or any one in any other capacity who practices or takes part in any act of prostitution, or who engages in or is . ::.••: __ -- - • . . ._ _ ._ Sr unlawful conduct., •. . . . _..-- _ . __ - ._ ' • • .• _ • • __ _ = •- = - •• •- - • • : •• .• . (Prior code Sec. 3-7.32). Section 3. That Section 5.40.090 of the Pasco Municipal Code entitled "Purpose of Chapter"shall be and hereby is amended and shall read as follows: 5.40.090 PURPOSE OF CHAPTER. The intention and purpose of this chapter is to provide for the protection and safety of premises'patrons and public, and to prevent unlawful actions or conditions to exist. assist the Police Department in apprehending violators of the laws and ordinances to rid the City, if possible, of pimps, vagrants, gamblers, prostitutes, bootleggers, and the criminals_ . . •. _ .. . . _ • , .• . . .• _... __ . . ._ . ' - •- • .- - • -= - - _ ._ : _ •._ . __ _ _ •_ ••_ __ -. _ .. .. _ . (Prior code Sec. 3-7.36.) Section 4. That Section 5.40.100 of the Pasco Municipal Code entitled "Seizure of Illegal Articles -Warrant" shall be and hereby is amended and shall read as follows: 5.40.100 SEIZURE OF ILLEGAL ARTICLES - WARRANT. If upon the sworn complaint of any person it shall be made to appear to the Municipal Court Judge of the City that there is probable cause to believe that any section of this chapter or any provision hereof is being violated, then the Municipal Court Judge shall forthwith issue a warrant, directed to any police officer of the City commanding him to search the premises designated in the warrant, and described in the complaint, to seize any implements, furniture or fixtures used or kept in connection with any violation of this chapter, and to safely keep the same, and to make return of the warrant within three days, showing his acts and doings thereunder, and specifying the articles seized, and the name of the person or persons in whose possession, or upon whose premises the same were found; provided, further, that a copy of the warrant shall be served upon the person or persons found in possession of the lief property, or in possession of the premises so searched, and if no person or persons are found as aforesaid, then a copy of the warrant shall be posted in a conspicuous place upon the premises. (Ord. 3560 Sec. 35,2002; Prior code Sec. 3-7.44.) Section 5. This Ordinance shall take full force and effect five (5) days after its approval, passage, and publication as required by law. PASSED by th City Council of the City of Pasco,Washington, and approved as provided by p law this 7 day of e tA.b ( , 2015. 0117,—/W/t -- Matt Watkins,Mayor AtTT''T: APPR D AS TO FORM: WOO lip De.ra L. Clark, City Cler Leland B.Kerr,City Attorney Ordinance Amending Chapter 5.40 Hotels and Rooming Houses Page 2