ORD-21-89 PROHIBITS THE SOLICITATION OF EMPLOYMENT ON NON RESIDENTIAL PARKING AREASORDINANCE NO. 21-
89 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE ADDING CHAPTER 9.37
TO TITLE 9 OF THE ORANGE MUNICIPAL
CODE PROHIBITING "THE SOLICITATION OF
EMPLOYMENT ON NON-RESIDENTIAL
PARKING AREAS".WHEREAS, non-residential parking areas in
the City of Orange are for the purpose of parking, placing
or stationing a vehicle for the benefit of the public,
clients, customers, mem-bers, occupants of the adjoining non
residential premises; and WHEREAS, the use of non-
residential parking areas by persons and occupants of vehicles who
engage in the solicitation for and of employment results in the use of
such areas for a business activity which is incompatible
and adverse to the adjoining
non residential premises; and WHEREAS, the use of non-
residential parking areas for and of the solicitation of employment
results in the interference of the intended use of such area
because of the vehicle congestion to such area caused by
vehicles whose occupants bargain and temporarily stop to pick up persons
who are engaged in
the solicitation for employment; and WHEREAS,
non-residential parking areas have limited accessibility to
inbound and outbound traffic through their driveways. The
solicitation for and of employment further limits such driveway
access because of the blockage and congestion of such driveways
by vehicles whose occupants stop to bargain or piCk-
up persons
engaged in the solicitation for employment; and WHEREAS, the
use of non-residential parking areas for the
solicitation of employment result in obstruction and harassment
of persons
intending to use the adjoining non-residential premises; and
WHEREAS, the pervasive and regular activity of engaging
in the solicitation for and of employment on non-residential
parking areas has created problems to the adjoining premises
of
littering, property damage, and loss of customers and patronage;
and WHEREAS, the public has a substantial interest in
promoting the health and safety of persons using non-residential
parking areas
by prohibiting the solicitation for and of employment on such
areas.NOW, THEREFORE,
THE
section I:
Accordingly, the city council of the City of Orange does
hereby enact Chapter 9.37 of Title 9 of the City of Orange
Municipal Code as set forth below:
Chapter 9.37
Solicitation of Emplovrnent.
sections:
9.37.010 - Purpose of Chapter 9.
37.020 - Definitions 9.37.
030 - Prohibition of Solicitation for and of Employment 9.37.
040 -
Posting of Non-Residential parking Areas 9.37.050 -
Penalty 9.37.010 Purpose
of Chapter: A restriction on the use of non-residential parking areas
for the purpose of engaging in the solicitation for and
of employment is reasonable and necessary to protect the
pUblic's health and safety in using such areas.It is not
intended by this Chapter to repeal, abrogate, or annul in any
way or impair or interfere with the existing provisions of other
laws or ordinances placed upon non-residential parking areas,
but to strictly prohibit an activity when it is
incompatible and adverse to the intended use of such areas.9.37.
020
Definitions: For the purposes of this chapter,the words defined
in this section shall have the meanings as follows:NON-RESIDENTIAL
PARKING
AREA" shall mean and include:All private
property comprising the parking area adjoining non-residential
premises including but not limited to driveways,setbacks
and portions that are landscaped.PERSON" -
shall mean and includes any person, firm,partnership, association,
corporation, company or organization of any
kind.VEHICLE" - shall
mean a vehicle as defined in California Vehicle Code section
670 as the same now reads or may hereafter be amended.SOLICITATION
FOR OR
OF EMPLOYMENT" - shall mean and include the following:a)
The act of
soliciting, requesting, or announcing by any means including without limitation
by act or gesture the availability for or of
employment.ORDINANCE NO. 21-89
2-
b) A solicitation as defined herein shall be deemed
completed when made whether or not actual employment
relationship is created.
EMPLOYMENT" - shall mean the service, industry, or labor performed
by a person for wages or other compensation or under any
contract of hire, written, oral express or implied.9.
37.030 Emplovrnent.
No
person shall engage in the solicitation for on
any non-residential parking area other than
employment on or for owner or occupants of the
premises.
Prohibition of Solicitation for and of
or of employment
to perform the
adjoining
9.37.040 - postina of Non-Residential parkina Areas.
a. This chapter shall not be operative unless the owner,
owner's agent, or the person in lawful possession of the
nonresidential parking area has caused a notice to be posted in
a conspicuous place at each entrance to such non-
residential parking area not less than eighteen by twenty-four
inches in size with lettering not less than one inch in height and
not to exceed in total area, six square feet. Content of
such notice shall be in substantially the
following form:It is a misdemeanor to engage
in the solicitation for and of
employment other than to perform the employment on or
for the owner or occupants of
the premises".9.37.050 - Penaltv: Any person or vehicle occupant
violating the provisions of this chapter shall be guilty of a misdemeanor
and upon conviction thereof shall be punishable by a fine of not
more than $1,000.00 or by imprisonment in the County Jail of Orange
for a term not exceeding six months or both such fine
and imprisonment. Such person or occupant shall be deemed guilty
of separate offense for each and every day a violation of
this chapter is committed or continued by such person and shall
be punishable as herein
provided.Section
II:If any section, subsections, 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
juris-diction, such decision 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 these sections, subsections, 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
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 3-ORDINANCE NO.
L- __~._..___._.___~_____
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 19th day of September 1989.
J-
tf/~~Mayor of the ci y of
Orange
ATTEST:tA~~ '~J'
M~~city Cler 11he 1t f
Orange 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
No.21-89 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 19th day of September, 1989, by the following vote
to wit:AYES:
COUNCIL MEMBERS:NOES:
COUNCIL MEMBERS:ABSENT:
COUNCIL MEMBERS:ABSTAIN:
COUNCIL
MEMBERS:2~.,~city Clerkthe~t:f"
of Orange ORDINANCE NO.