URGENCY ORDINANCE NO. ____
AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, EXTENDING THE PROVISIONS OF ORDINANCE NO. 1712, WHICH ESTABLISHED A TEMPORARY MORATORIUM ON THE ESTABLISHMENT, EXPANSION, OR INTENSIFICATION OF MASSAGE PARLORS WITHIN THE JURISDICTIONAL BOUNDARIES OF THE CITY OF RIALTO, BY AN ADDITIONAL PERIOD OF TEN (10) MONTHS AND FIFTEEN (15) DAYS AND FINDING THAT SAID ACTION IS EXEMPT FROM CEQA WHEREAS, pursuant to Cal. Const. Art. XI, Sec. 7, and under the City of Rialto (“City”)’s general police powers, the City is empowered and charged with the responsibility for the health, safety, and welfare of its citizens; and WHEREAS, the City protects the health, safety, and welfare of the community through numerous avenues, including by establishing and enforcing zoning, licensing and health and safety regulations on specified commercial activities; and WHEREAS, the City is authorized by State law, including, without limitation, Government Code Section 51030 et seq. and Business & Professions Code Section 16000 et seq., to regulate massage establishments, which are referenced as “massage parlors” under the Rialto Municipal Code; and WHEREAS, such regulations include Chapter 5.24 of Title 5 of the Rialto Municipal Code ("RMC"), which contains the licensing requirements and operational standards for massage parlors in the City; and WHEREAS, in addition to the regulations provided by RMC Chapter 5.24, massage parlors also require a conditional development permit to be approved by the Planning Commission, pursuant to RMC Chapter 18.66, in order to lawfully operate; and WHEREAS, despite the above regulatory framework, in recent years, the City has experienced issues related to illicit sexual activity and suspected prostitution at businesses offering massage services; and WHEREAS, in recent years, the Rialto Police Department has investigated criminal activity at several massage parlors within the jurisdictional boundaries of the City, uncovering evidence of robbery, illicit sexual activity and prostitution, resulting in arrests for pimping and unlawful firearm possession; and WHEREAS, the above illegal activity resulted in significant public expense including code enforcement inspections, law enforcement undercover operations, and administrative and legal review and enforcement actions. These illegal activities diverted resources from other pressing City needs; and WHEREAS, massage parlors that offer illicit sexual activity pose an immediate and significant threat to the health, safety and welfare of the community. Among other things, these impacts include the potential for: (1) injury and abuse to patrons being solicited for unlawful services, and (2) increased opportunities for prostitution activity and human trafficking of workers by virtue of the secretive nature associated with offering unauthorized and undisclosed services; and WHEREAS, pursuant to Government Code Sections 36937 and 65858, the City Council may adopt as an urgency measure an interim ordinance prohibiting any use that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body, planning commission or the planning department is considering or studying or intends to study within a reasonable time; and WHEREAS, the City Council finds that the development/establishment of new massage parlors, or the expansion or intensification of existing massage parlors, may have adverse impacts on the environment, traffic, aesthetics, and visual quality of surrounding properties and on the economic vitality within the City, and such impacts constitute and pose a current and immediate threat to the public health, safety, or welfare; and WHEREAS, City staff requires time to further gather data about the adverse impacts of massage parlors that provide illicit services, and to research, study, and consider ways to amend the City's regulatory process and the Rialto Municipal and Zoning Codes to protect the public health and safety and reduce illegal activities occurring at these businesses; and WHEREAS, on March 24, 2026, the City Council adopted Ordinance No. 1712, which enacted a forty-five (45) day interim moratorium on the establishment, expansion, or intensification of massage parlors within the City, as further set forth therein; and WHEREAS, Government Code Section 65858 authorizes the City Council to extend the moratorium enacted by Ordinance No. 1712 for an additional period of ten (10) months and fifteen (15) days; and WHEREAS, since adoption of Ordinance No. 1712 on March 24, 2026, the City continues to receive complaints and reports about illegal activities occurring at massage parlors within and adjacent to the City; and WHEREAS, the City therefore continues to be concerned about the efficacy of the existing massage parlor regulations in preventing/minimizing illegal activities at massage parlors within the City and about the impact of such activities upon sensitive receptors (e.g., residential properties, schools, community centers, places of worship) and the effect thereof upon the public health, safety and welfare; and WHEREAS, since the adoption of Ordinance No. 1712 , the City requires additional time to study what legislative steps might be appropriate to amend the massage parlor regulations within the City in order to protect the public health, safety, and welfare of the public; and WHEREAS, as described in this Ordinance, the City Council continues to find that there is a current and immediate threat to the public health, safety, and welfare based on the findings herein and the findings contained in Ordinance No. 1712, and upon that basis has determined that an extension of the moratorium enacted in Ordinance No. 1712 is warranted; and WHEREAS, the City has complied with the notice and public hearing requirements of Government Code Sections 65858 and 65090; and WHEREAS, the report required by Government Code Section 65858, subdivision (d), has been prepared and made available to the public at the City Clerk’s office. In addition, the agenda report accompanying this ordinance provides the information required under Government Code Section 65858, subdivision (d); and WHEREAS, all other legal prerequisites to the adoption of this urgency Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RIALTO HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Recitals Incorporated. The City Council finds the recitals contained in this Ordinance to be true and correct, relies upon them in passing this Ordinance, and incorporates them herein as though set forth in full herein.
SECTION 2. CEQA. The City Council finds that this Ordinance is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA") Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly. The City Council further finds, under Title 14 of the California Code of Regulations, Section 15061(b)(3) that this interim urgency Ordinance is nonetheless exempt from the requirements of CEQA. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
Section 3. Urgency Findings. This Ordinance is adopted under the provisions of Government Code Sections 36937 and 65858. The City Council finds that massage parlors as described herein pose significant and urgent threats to the health, safety and welfare of the community as follows:
a. In recent years, the City has experienced issues related to illicit sexual activity and suspected prostitution at businesses offering massage services. b. In recent years, the Rialto Police Department received calls for service and anonymous tips from community members informing of suspected prostitution activity at massage parlors. Open source intelligence has also revealed criminal activity at massage parlors in the City. Law enforcement investigations have uncovered evidence of crimes including, but not limited to, robbery, pimping, prostitution, and unlawful firearms possession. In addition, the Rialto Police Department has also received information of criminal activity related to several massage parlors operating in the immediate vicinity outside of the jurisdictional boundaries of the City sharing the same criminal trends as those in the City and, in combination with the impacts of the illicit activities occurring at massage parlors within the City, would cause impacts within the City such that this moratorium is necessary to protect the community’s health, safety and welfare. c. The above illegal activity resulted in significant public expense including code enforcement inspections, law enforcement undercover operations, and administrative and legal review and enforcement actions. These illegal activities diverted resources from other pressing City needs. d. Massage parlors that offer illicit sexual activity pose an immediate and significant threat to the health, safety and welfare of the community. Among other things, these impacts include the potential for: (1) injury and abuse to patrons being solicited for unlawful services, and (2) increased opportunities for prostitution activity and human trafficking of workers by virtue of the secretive nature associated with offering unauthorized and undisclosed services. e. The extension of the moratorium is necessary and appropriate to allow the City sufficient time to continue to study and minimize the aforementioned impacts to public health, safety, and welfare by massage parlors within the City.
SECTION 4. Extension of Moratorium on the Establishment, Expansion or Intensification of Massage Parlor Uses. Pursuant to the authority granted to the City Council by Government Code Section 65858 to protect the health, safety and general welfare of the residents of the City, and based upon the findings set forth above and all oral and written testimony and reports presented by members of the public and City staff to the City Council on April 28, 2026, the City Council hereby extends the term of Ordinance No. 1712 for an additional period of ten (10) months and fifteen (15) days from the original expiration date of May 8, 2026, for a new expiration date of March 23, 2027.
SECTION 5. Effective Date & Duration. This Ordinance is enacted pursuant to the authority conferred upon the City Council by Government Code Sections 36937 and 65858, and therefore shall be in full force and effect immediately upon its adoption by a four-fifths (4/5) vote of the City Council. This Ordinance shall continue in effect for ten (10) months and fifteen (15) days from the date of its adoption and shall thereafter be of no further force and effect, unless, after notice pursuant to Government Code Section 65090 and a public hearing, the City Council extends the moratorium extended by this Ordinance for an additional period of time pursuant to Government Code Section 65858.
SECTION 6. Report. During the period of this moratorium, and any extension thereof, the City Manager or designee(s) shall: (1) review and consider options for the regulation of massage parlors and (2) shall prepare a written report describing the measures which the City has taken to address the conditions which led to the adoption of this Ordinance and submit such report to the City Council, for the purposes provided in Government Code Section 65858(d), no later than ten (10) days prior the expiration of this moratorium, or any extension thereof, and such report shall be made available to the public.
SECTION 7. Enforcement. The City may enforce any provision of this Ordinance by mandamus, injunction, or any other appropriate civil remedy in any court of competent jurisdiction.
SECTION 8. Severability. Every section, provision, or part of this Ordinance is declared severable from every other section, provision, or part of this Ordinance. If any section, provision, or part of this Ordinance is adjudged to be invalid by a court of competent jurisdiction, such judgment shall not invalidate any other section, provision, or part of this Ordinance.
SECTION 9. Publication. The City Clerk is directed to certify to the adoption of this Ordinance and post or publish this Ordinance as required by law.
SECTION 10. Custodian of Records. The custodian of records for this Ordinance is the City Clerk and the records comprising the administrative record are located at Rialto City Hall, 290 W. Rialto Avenue, Rialto, California 92376.
PASSED, APPROVED AND ADOPTED this 28th day of April, 2026. _________________________________
JOE BACA, MAYOR
ATTEST:
__________________________________
BARBARA A. MCGEE, CITY CLERK
APPROVED AS TO FORM:
__________________________________
ERIC S. VAIL, CITY ATTORNEY
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF RIALTO )
I, Barbara A. McGee, City Clerk of the City of Rialto, do hereby certify that the foregoing Urgency Ordinance No. __________ was duly passed and adopted at a regular meeting of the City Council of the City of Rialto held on the 28th day of April, 2026.
Upon motion of Councilmember ___________________, seconded by Councilmember ____________________, the foregoing Urgency Ordinance No. _________ was duly passed and adopted.
Vote on the Motion:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of Rialto, this _____ day of _______________, 2026. ____________________________________
Barbara A. McGee, City Clerk
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