HomeMy WebLinkAboutORD-11-08 Amending 17.04.025 Relating to Definition of FamilyORDINANCE NO. 11-
08 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE AMENDING SECTION 17.04.
025 OF ORANGE MUNICIPAL CODE RELATING
TO THE DEFINITION OF
FAMILY.WHEREAS, the current definition of "Family" in Orange Municipal
Code Section 17.04.025 has been found to be unconstitutional and is inconsistent with
the Orange Municipal Code definitions of "Dwelling, Single-Family"
and "Single-
Family Residence"; and WHEREAS, the City has a strong interest III
ensunng the single-family character
of its neighborhoods; and WHEREAS, the City has received complaints from
residents that single family homes are being utilized in a commercial manner that
is inconsistent with the environment for which single family residential
neighborhoods were created and designed which is causing negative impacts on noise, traffic,
parking,
trash and safety;and WHEREAS, single family residential neighborhoods
are not designed for situations in which significant numbers of adults live in the
same home, especially those who do not live and act like a traditional family, in that
the homes and neighborhoods are not designed with sufficient garage space, street parking,
storage space, etc.; and WHEREAS, the purpose of this Ordinance is
to preserve the residential character of a
single-family residential neighborhood; and NOW, THEREFORE, THE CITY
COUNCIL OF THE CITY OF
ORANGE DOES
ORDAIN AS FOLLOWS:SECTION I:The definition of "FAMILY" in Section 17.04.
025 of the Orange Municipal Code is hereby deleted in its entirety
and replaced with the following:FAMILY - One or more persons related by blood or
legal status or persons not so related who are functioning as a
family or single-housekeeping unit,meaning that they have established ties
and familiarity with each other,jointly use common areas, interact with
each other, share meals, household activities, expenses and responsibilities, membership
in the family is fairly stable as opposed to transient and members
have some control over who becomes
SECTION II:
Should any section, subsection, clause, or provision of this Ordinance for any reason be
held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the
validity or constitutionality of the remaining portions of this Ordinance; it being hereby
expressly declared that this Ordinance, and each section, subsection, sentence, clause and
phrase hereof would have been prepared, proposed, approved and ratified irrespective of the
fact that anyone or more sections, subsections, sentences, clauses or phrases be declared
invalid or unconstitutional.
SECTION III:
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 9th day of September, 2008.
ATTEST:
of Orange
r-;
trv Mary
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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 the regular meeting of the City Council held on
the 26th day of August, 2008, and thereafter at the regular meeting of said City Council duly
held on the 9th day of September, 2008, was duly passed and adopted by the following vote, to
wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Smith, Murphy, Cavecche, Dumitru, Bilodeau
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
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