ORD-16-81 LIMITS THE INSTALLATION OR ESTABLISHMENT OF CERTAIN COIN-OPERATED PINBALL MACHINES OR SIMILAR AMUSEMENT DEVICES AS A BUSINESSORDINANCE NO. 16-
81 AN INTERIM ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ORANGE ADOPTED AS AN
UR-GENCY MEASURE AMENDING SUBSECTION liE 11
OF SECTION 17.46.020 OF THE ORANGE
MUNICIPAL CODE TO LIMIT THE INSTALLATION
OR ESTABLISHMENT OF CERTAIN
COIN-OPERATED PINBALL MACHINES OR
SIMILAR AMUSEMENT DEVICES AS
A BUSINESS.EREAS~ the City Council of the City of
Orange adopted nterlm Ordlnance 6-81 of the City of Orange
to prohibit the installation of certain coin-operated
amusement devices
as a business; and WHEREAS, the City Council of the City of
Orange finds that a total ban on the installation of such devices
where only one or two devices are in an establishment may cause
a hardship
to small businesses; and WHEREAS, the City Council of the City
of Orange has requested that the Planing commission conduct
appropriate Public Hearings in regard
to these devices; and WHEREAS, the Planning Commission
needs sufficient time in order to conduct such hearings and for the
City Council to
enact appropriate legislation; and WHEREAS, the experiences of the
Orange Police Department and other police departments are
that amusement enterprises providing three or more coin-operated
pinball machines and similar amusement devices often create conditions
which are socially unhealthful and not in the best
interests of the community; and v~HEREAS, said amusement enterprises
which have three or more devices contribute to criminal
or anti-social behavior such as loitering,
malicious mischief, disturbing the peace, unsafe opera'tion of motor vehicles,
truancy and
other even more serious offenses; and WHEHEAS,
said conditions and resulting behavior create an undesirable influence on
young children and an advprse impact on surrounding
businesses and nearby residential areas; and WHEREAS, numerous requests
have been made to operate such businesses on
premises
adjacent to occupied residential property;and WHEREAS, the City Council of
the City of Orange has deter-mined that zoning regulation and
land use control is needed to ensure that such use
is established only at appropriate locations
in the City of Orange; and WHEREAS, the City Council has
determined that the use of three or more devices should be
established only after approval of a conditional
2-
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES
ORDAIN AS FOLLOWS:
SEcrION I:
Subsection "E" of Section 17.46.020 of the Orange Municipal
Code is hereby repealed.
SECTION II:
Subsection liE" of Section 17.46.020 of the Orange Municipal
Code is hereby added to read as follows:
No business establishment may establish the use or operation
of three or more coin-operated pinball machines or similar
amuse-ment devices. Any business establishment which is
operating coin-operated pinball machines or similar amusement
devices in accordance with law and has a permit from the City to do
so, or has applied to City for a permit as of the effective date
of this interim ordinance, may continue to operate such business,
but may not increase the number of machines
so used.
SECTION III:The reasons for the urgency of this Ordinance are
as follows:Business premises which provide for customer use
or operation of three or more coin-operated pinball
machines and similar devices have revealed to the officials of this
City and nearby cities the problems which can result from
the establishment of such premises at inappropriate locations. The City
Council of the City of Orange desires to initiate the
enactment of permanent zoning regulations immediately to govern the
establishment of this type of business within the City
at appropriate locations.However, the enactment of permanent
zoning regulations will consume many weeks, at least, even though
initiation of such permanent regulations is ordered by the City Council
as
of this date.Numerous requests have been made for
such businesses to operate within 100 feet of occupied residences.
The danger exists that other persons, firms or entities may
seek to establish similar businesses prior to the effective date
of any permanent zoning ordinance to regulate this type of business
and during the time the Planning Commission and City Council of
the City of Orange are conducting public hearings necessary
to establish a pernanent zoning ordinance to regulate said
type of business.Therefore, the City Council of the City of Orange
finds it neces-sary to enact this interim ordinance as an
urgency measure to become effective immediately in order to require
persons, firms or entities desiring to establish the aforementioned
business to do so only in the C-2 District and only in
the event a conditional use permit is approved in said District for
said business on or
Therefore, pursuant to the procedures of Section 65858 of the
Government Code, the City Council of the City of Orange hereby
enacts this interim Ordinance as an urgency measure in order to
protect the public health, safety and welfare during the delibera-
tion and public hearings on the question of the enactment of a
permanent zoning ordinance regulating the matters contained
herein.
ADOPTED this 14th day of July, 1981.
ATTEST:
J~M~
CITY CLERK OF T. crR. 0 ORANGE
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF ORANGE
ss
I, MARILYN J. JENSEN, City Clerk of the City of Orange,
California, DO HEREBY CERTIFY that the foregoing Ordinance No. 16-
81 was regularly introduced, reading in full was waived, was read
by Title, was passed and adopted at a regular meeting of the
City Council, City of Orange, California, held on the 14th day of
July,1981 by the following
vote:AYES:COUNCILt-1EN: Barrera, Smith, Mayor Beam,
Perez, Beyer NOES:
COUNCILMEN: None ABSENI' :COUNC
ILMEN : None WITNESS my hand and seal this 14th day of
July
ORANGE CITY NEWS
PUBLICP.TION DATE:
LEGAL NOTICE
ORDINANCE NO. 16-
81 AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ORANGE ADOPTED AS AN URGENCY MEASURE AMENDING SUBSECTION liE" OF
SECTION 17.46.020 OF THE ORANGE MUNICIPAL CODE TO LIMIT THE
INSTALLATION OR ESTABLISHMENT OF CERTAIN COIN-OPERATED PINBALL
MACHINES OR SIMILAR AMUSEMENT DEVICES AS
A BUSINESS."Original on file in the City Clerk'
s
Dept.)SYNOPSIS:Ordinance No. 16-81 adopted as an
urgency measure amending the Orange Municipal Code to limit
the installation or establishment of certain coin-
operated pinball machines or similar amusement
devices as a business.ADOPTED by the City Council of the City of
Orange at a regular meeting held Tuesday July 14, 1981,
by the following vote:AYES: COUNCILMEN: BARRERA, SMITH,
MAYOR BEAM, PEREZ,
BEYER
CITY OF
ORANGE Wednesday,1-1
81-7-~;J -'751 Marilyn