HomeMy WebLinkAboutORD-10-92 Add Ch 12.66 Title 12 Prohibit Encampment & Camping on Public Streets & PropertyORDINANCE NO. 10-
92 AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ORANGE ADDING
CHAPTER 12.66 OF TITLE 12 TO THE
ORANGE MUNICIPAL CODE PROHIBITING
ENCAMPMENT AND CAMPING ON THE PUBLIC STREETS
OR PUBLIC
PROPERTY.WHEREAS, the City of orange has a substantial
interest in maintaining public streets, buildings, grounds,
and plazas in an attractive and intact condition available
to the members of the public who wish to use these
public facilities for their intended purpose;
and WHEREAS, to permit the use of such public areas
and streets to be used for encampments and camping would
be totally inimical to the purposes for which such
public streets or areas were designed or intended to be used
and detrimental to the pUblic's health, safety, and welfare
in the use of such public areas and streets;
and WHEREAS, streets, sidewalks, or other public
property generally lack sufficient, convenient, or
accessible sanitation facilities, the use of streets, sidewalks,
or other public property for living or habitation purposes
may create a danger to such persons and the pUblic arising
from the increased risk of unsanitary conditions which may
occur on public streets or public property which are used
for these
purposes.NOW, THEREFORE, the city council of the City of
Orange does ordain as
follows:section
1:Chapter 12.66 of Title 12 is hereby added to the
Orange Municipal Code as
follows:CHAPTER 12.
66 ENCAMPMENT AND CAMPING
PROHIBITED
Sections:12.66.
010 12.66.
020 12.66.
030 Purpose Of
Chapter
Definitions Prohibition of Encampments and Camping
on Public Streets and Public
PropertySeverability12.66.
040
12.66.010 Purpose. It is the purpose of this chapter
that the prohibition of encampment and camping on public
streets and pUblic property within the City of Orange is a
reasonable, content-neutral regulation. It is not
directed to restrict protected communications, but its purpose is
to ensure the preservation and protection of the community'
s health, safety, and
welfare.12.66.020 Definitions. For purposes of this
chapter,the following terms shall have the meaning as set
forth herein unless the context in which they are used
clearly indicates a contrary
meaning:A. "Public street" means and includes streets,
roads,highways, alleys, sidewalks, parkways, bridges,
culverts,drains, and all other facilities and areas necessary for
the construction, improvement, and maintenance of streets
and
roads.B. "Public Property" means the exterior of
any building or structure, parking lot, plaza or square,
owned or controlled by the City of
Orange.C. "Camping" means the use of public streets
or public property for living accommodation or
habitation purposes such as sleeping activities, or making
preparations to sleep, including the laying down of bedding for
purposes of sleeping or using or storing personal belongings such
as non-designated City cooking equipment,
camping stoves,portable barbecues, sleeping bags, cots,
beds, hammocks,extra clothing, or personal items when
it reasonably appears, in light of all the circumstances,
that the participants, in conducting these activities, are,
in fact,using the public street or public property
for living accommodation or
habitation purposes.12.66.030. Prohibition Of Encampments And
Campinq On Public streets And
Public Property.No
person shall:A. Unless otherwise permitted, maintain,
erect, or permit the erection of any hut, shanty, tent,
tarpaulin, or any other type of temporary structure under his
control upon any public street or
public property.B. Use public street or public property
for the purpose of camping except on public property
designated by the City for
such purpose.Ord. No. 10-
12.66.040. Severabilitv
If any section, subsection, sentence, clause,
phrase, or portion of this ordinance is for any reason held
to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decisions shall not
affect the validity of the remaining portions of this
ordinance. The City Council of the City of Orange hereby
declares that it would have adopted this ordinance and each
section, subsection, sentence, clause, phrase, or portion
thereof irrespective of the fact that anyone or more
sections, subsections, sentences, clauses, phrases, or
portions be declared invalid or unconstitutional.
section II:
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 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 the Orange city News, 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 26th day of May, 1992.
ATTEST:
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Id 3-Ord. No. 10-
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE )
I, MARILYN J. JENSEN, 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 19th day of May, 1992, and thereafter at a
regular meeting of said City Council duly held on the
26th day of May, 1992, was duly passed and adopted by the
following vote, to wit:
AYES:COUNCIL MEMBERS: STEINER. BARRERA, MAYOR BEYER, COONTZ,
SPURGEON
NOES:COUNCIL MEMBERS: NONE
ABSENT:COUNCIL MEMBERS: NONE
City
Clerk thV' i of Orange Ord.
No. 10-92 4-ld