This section date s back to 1953 and is now outdated and legally unconstitutional as an infringement on personal rights to privacy and free association.
ISSUES/ANALYSIS
As part of maintaining and updating the Municipal Code, this section was identified for repeal to remove outdated and unconstitutional provisions from the Code.
FISCAL IMPACTS
None.
ALTERNATIVES
City Council may provide alternative direction to staff.
ATTACHMENT
1. Ordinance Repealing Section 5.08.040
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ORDINANCE NO. O-3-24
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COLTON REPEALING SECTION 5.08.040 OF CHAPTER 5.08
(HOTELS-LODGING HOUSES) OF TITLE 5 (BUSINESS
LICENSES AND REGULATIONS) OF T HE COLTON
MUNICIPAL CODE WHICH PROHIBITS JOINT OCCUPANCY
OF D WELLINGS, APARTMENTS, HOTELS AND SIMILAR
LODGING FACILITIES BY MEMBERS OF THE OPPOSITE SEX
WHEREAS, section 5.08.040 of Chapter 5.08 of title 5 of the Colton M unicipal Code makes it unlawful “. . . for any two persons of the opposite sex, except husband and wife or parent and minor child, to occupy jointly and privately for lodging or sleeping purposes any room or rooms in any dwelling, apartment house, private rooming house, lodging house, hotel or other building in the City. . . . ”
WHEREAS, this sectio n dates back to 1953 and is now outdated and legally unconstitutional as an infringement on personal rights of privacy and free association; and WHEREAS, by adoption of this Ordinance, the City Council desires to update and modernize the Code by removing outdated and unconstitutional provisions from its text; and WHEREAS, all prerequisites to the adoption of this ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Incorporation of Recitals . The City Council hereby finds that all of the foregoing recitals presented herewith are true and correct and are hereby incorporated and adopted as findings of the City Council.
SECTION 2 . The City Council of the City of Colton her eby repeals s ection 5.08.040 from Chapter 5.08 (Hotels-Lodging Houses) of Title 5 (Business Licenses and Regulations) of the Colton Municipal Code in its entirety.
SECTION 3. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council he reby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 4. Effective Date. This ordinance shall become effective thirty (30) days after its adoption.
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Attachment: Ordinance Repealing Section 5.08.040 (4407 : Ordinance Repeal - 5.08.040) 1 2
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PASSED, APPROVED AND ADOPTED this 5th day of March, 2024.
Frank J. Navarro, Mayor
ATTEST:
Stephanie Vargas, Deputy City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
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Attachment: Ordinance Repealing Section 5.08.040 (4407 : Ordinance Repeal - 5.08.040)