ORD-09-86 THE USE OF MANDATORY LANGUAGE IN THE ENACTMENTS OF THE CITY SHALL NOT BE CONSTRUED AS CREATING MANDATORY DUTIESORDINANCE NO. 9-
86 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE ADDING SECTION 1.04.
015 TO CHAPTER 1.04 OF TITLE 1 OF THE
ORANGE MUNICIPAL CODE EXPRESSING ITS
INTENTION THAT THE USE OF MANDATORY LANGUAGE
IN THE ENACTMENTS OF THE CITY SHALL NOT
BE CONSTRUED AS CREATING MANDATORY
DUTIES WITHIN THE MEANING OF SECTION 815.6
OF THE CALIFORNIA GOVERNMENT CODE UPON
THE CITY, ITS OFFICERS, AGENTS, OR
EMPLOYEES.WHEREAS, many actions of the City Council and
other officers and employees of the City as set forth in
various ordinances, resolutions, regulations, policy statements,
and similar documents or writings contain the words "
shall,"must," or similar mandatory language;
and WHEREAS, the use of such mandatory language in
the aforementioned documents some or all of which might
be construed as "enactments" in no way represents any
expres-sion of intention by the City of Orange to establish a
duty of care toward particular citizens or persons;
and WHEREAS, the use of such mandatory language by the
City is intended to confer a benefit on the community as
a whole, but not to establish a duty of care toward
particular citizens or persons;
and WHEREAS, to construe such mandatory language
otherwise would prevent the City from performing its task of
providing benefits to the community as a whole because the use of
such language would cause a fear that such language would
be construed as creating a duty toward particular citizens
or persons and render the City liable in civil damages to
these citizens or persons and thereby discourage the City
from enacting various ordinances and adopting rules,
policies,and regulations containing the mandatory language,
but designed to provide necessary community benefits;
and WHEREAS, the City Council desires to clearly
express its intention that the use of mandatory language in
any enactment" within the meaning of Section 810.6 of
the California Government Code shall not be construed as
creating a mandatory duty on the City, its officers, agents,
or employees unless the "enactment" clearly and
unequivocally states such an
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE
DOES HEREBY ORDAIN AS FOLLOWS:
Section I:
Add Section 1.04.015 to the Orange Municipal Code to
read as follows:
1.04.015 Interpretation of Mandatory Language as
not Creating Mandatory Duty. Whenever mandatory language
such as "shall," "must," or similar mandatory language
appears in any ordinance or other documents approved by the
City or by any of its officers, agents, or employees any of
which documents are construed as an "enactment" within the
meaning of the California Government Code, such mandatory
language shall not be construed as creating a mandatory duty
within the meaning of Section 815.6 of the California Govern-
ment Code unless such an intention to establish said mandatory
duty is clearly and unequivocally expressed in the language
of that enactment. Neither shall any such mandatory language
be construed as imposing such a mandatory duty upon the
City, its officers, agents, or employees.
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 (5)
days prior to the City Council meeting at which this Ordi-
nance 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.
11th 1986.ADOPTED this
ATTEST:
P~ 9 ~r:/
c~ ty Cler of tf(e c' y of Orange
Ord. No. 9-86 2 -
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
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 25th day of Februarv , 1986, and thereafter
at a regular meeting of said City Council duly held on the
11th day of March , 1986 was duly passed and
adopted by the following vote, to wit:
AYES: SMITH, BARRERA, MAYOR BEAM, PEREZ, BEYER
NOES: NONE
ABSENT: NONE
A~
City Clerk the ity Orange
3 -Ord. No. 9-86