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WHEREAS, additional regulations contained within Chapter 5.40 are outdated, antiquated,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
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