HomeMy WebLinkAboutORD 05-17 Adding Chapter 9.34 For Aggressive SolicitationORDINANCE NO. 05-17
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE ADDING A NEW CHAPTER
9.34 TO THE ORANGE MUNICIPAL CODE
PROHIBITING THE ACT OF AGGRESSIVE
SOLICITATION.
WHEREAS, the City of Orange is concerned with the increase in solicitation activity
and the aggressiveness of some solicitors; and
WHEREAS, it is believed that prohibitions on solicitation for alms in an aggressive
manner do not infringe on personal constitutional rights and therefore would withstand a legal
challenge; and
WHEREAS, residents and visitors to the City of Orange should be free to come and go
without being in fear of a solicitors.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE
HEREBY ORDAIN AS FOLLOWS:
SECTION I:
Chapter 9.34 is hereby added to the Orange Municipal Code to read as follows:
Chapter 9.34
Prohibition on Aggressive Solicitation
9.34.010 Definitions.
A. For the purposes of this chapter, an individual (solicitor) coerces,
threatens, hounds, or intimidates another (solicitee) when:
1. The solicitor's conduct would cause a reasonable person in the
position of the solicitee to fear for his or her safety; or
2. The solicitor intentionally blocks the path of the solicitee; or
3. The solicitor makes physical contact with the solicitee; or
4. The solicitor persists in following the solicitee closely, while the
solicitor continues to solicit alms after the solicitee has informed the
solicitor by words or conduct that the solicitee does not want to give
anything to the solicitor to which the person demanding payment
is not entitled to under the law.
B. Soliciting alms" means to ask for money, goods, services, or other thing
of value, as a charity, whether by words, bodily gestures, signs or other
means.
C. Charity" as used in this chapter, is the voluntary giving of money, goods,
services, or any other thing of value without the expectation of
compensation in return.
D. Solicitor" is one who solicits alms as defined in subsection (B) of this
section.
E. Solicitee" is one who is approached by a solicitor.
F. Fear for Safety" Defined. The following facts, among others, may be
considered in deciding whether a reasonable person would be caused to
fear for his or her safety:
1. The occurrence of threatening gestures or other threatening conduct
of the solicitor, including following the solicitee.
2. The proximity of the solicitor to the solicitee and the duration of the
solicitation.
3. The making of physical contact with the solicitee.
G. Intentionally block" means to walk, stand, sit, lie or place an object in
such a manner as to block passage by another person or a vehicle or to
require another person or driver of a vehicle to take evasive action to
avoid physical contact. (Ord. 05 -17)
9.34.020 Prohibition of aggressive soliciting.
It shall be unlawful for any person on the streets, sidewalks, or other places open to
the public, whether publicly or privately owned, to intentionally coerce, threaten, hound, or
intimidate another person for the purposes of soliciting alms. (Ord. 05 -17)
9.34.030 Demand for services.
This chapter is not intended to proscribe any demand for payment for services rendered
or goods delivered. (Ord. 05 -17)
9.34.040 Free speech.
This chapter is not intended to restrict the exercise of protected free speech. (Ord. 05-
17)
Ordinance No. 05 -17 2
9.34.050 Violation — Penalty.
Any person who violates any provision of this chapter is guilty of a misdemeanor and
is subject to punishment as provided for in Chapter 1.08 of this code. (Ord. 05 -17)
SECTION II:
The City Council finds that this Ordinance is not a project and is not subject to the
California Environmental Quality Act ( "CEQA ") pursuant to Title 14, California Code of
Regulations, Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it has no
potential for resulting in physical change to the environment, as defined therein.
SECTION III:
If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is
for any reason held to be invalid or unconstitutional, such decision shall not affect the validity
of the remaining portions of this Ordinance. The City Council hereby declares that it would
have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and
phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph,
sentence, clause or phrase had been declared invalid or unconstitutional.
SECTION IV:
A summary of this Ordinance shall be published and a certified copy of the full text of
this Ordinance shall be posted in the Office of the City Clerk at least five (5) days prior to the
City Council meeting at which this Ordinance is to be adopted. A summary of this Ordinance
shall also be published once within fifteen (15) days after this Ordinance's passage in a
newspaper of general circulation, published, and circulated in the City of Orange. The City
Clerk shall post in the Office of the City Clerk a certified copy of the full text of such adopted
Ordinance along with the names of those City Council members voting for and against the
Ordinance in accordance with Government Code Section 36933. This Ordinance shall take
effect thirty (30) days from and after the date of its final passage
ADOPTED this 14th day of November 2017.
I.
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Teresa Smith, Mayor, ity of Orange
ATTEST:
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Mary E City Clerk, City o tit
Ordinance No. 05 -17 3
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF ORANGE
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certify
that the foregoing Ordinance was introduced at a special meeting of the City Council held on
the 24th day of October 2017, and thereafter at the regular meeting of said City Council duly
held on the 14 day of November 2017, was duly passed and adopted by the following vote, to
wit:
AYES:COUNCILMEMBERS: Whitaker, Smith, Murphy, Nichols
NOES:COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Alvarez
ABSTAIN: COUNCILMEMBERS: None
A_____ E
Mary E City lerk, City nge
Ordinance No. 05 -17 4