Bill Text: CA AB192 | 2013-2014 | Regular Session | Introduced

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Bill Title: Zoning violation: hotel operation.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB192 Detail]

Download: California-2013-AB192-Introduced.html

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BILL NUMBER: AB 192	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Hagman

                        JANUARY 28, 2013

   An act to add Section 65863.15 to the Government Code, relating to
zoning violations.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 192, as introduced, Hagman. Zoning violation: hotel operation.
   Existing law authorizes the legislative body of any county or city
to adopt ordinances that regulate the use of buildings, structures,
and land as between industry, business, residences, open space,
including agriculture, recreation, enjoyment of scenic beauty, use of
natural resources, and other purposes.
   This bill would make it a misdemeanor, punishable by fine or
imprisonment, or both, for any person who violates such an ordinance
by operating a hotel, as defined, in an area zoned for residences.
   By creating a new crime, this bill would impose a state-mandated
local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 65863.15 is added to the Government Code, to
read:
   65863.15.  (a) Notwithstanding any other provision of law, any
person who violates the zoning ordinance of a city, county, or city
and county by operating a hotel in an area zoned for residences is
guilty of a misdemeanor, and upon conviction shall be punished by a
fine of not less than five hundred dollars ($500), and not more than
five thousand dollars ($5,000), or by imprisonment of not less than
30 days nor exceeding six months, or by both that fine and
imprisonment.
   (b) For the purposes of this section, "hotel" means a building
containing 6 or more guest rooms offering transient lodging
accommodations to the general public.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.