ORD-22-89 PROHIBITING SOLICITATION OF EMPLOYMENT FROM 6 AM TO 12 PM OF ANY DAY IN A CERTAIN DISTRICT BORDERED BY THE STREETS OF TUSTIN COLLINS RANCHO SANTIAGO AND FAIRHAVENORDINANCE NO. 22-
89 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE ADDING CHAPTER 12.65
TO TITLE 12 OF THE ORANGE MUNICIPAL
CODE PROHIBITING SOLICITATION OF
EMPLOYMENT FROM 6:00 A.M. TO 12:00 P.M. NOON OF
ANY DAY IN A CERTAIN DISTRICT BORDERED
BY THE STREETS OF TUSTIN STREET,
COLLINS AVENUE, RANCHO SANTIAGO BOULEVARD,
AND FAIRHAVEN
AVENUE.The City Council of the City of orange does hereby ordain
as
follows:WHEREAS, the district bordered by Tustin Street,
Collins Avenue, Rancho santiago Boulevard, and Fairhaven Avenue,
between the hours of 6:00 A.M. to 12:00 P.M. of any day attracts
between three and four hundred persons commonly known as dayworkers who
are engaged in the solicitation of employment on the district'
s streets, sidewalks, parkways, roadways and alleys to the
occupants of motor vehicles;
and WHEREAS, the district bordered by the streets of
Rancho Santiago Boulevard, Collins Avenue, Tustin Street,
Fairhaven Avenue, between the hours of 6:00 A.M. and 12:00 P.M. noon of
any day is known and used by employers in vehicles, a majority of
whom do not reside or own businesses in the City of Orange, seeking
to employ persons soliciting for employment on the district's
streets,sidewalks, parkways, roadways and alleys;
and WHEREAS, to protect the pUblic's health and safety, the
city of Orange has by tradition and government fiat exercised,
where necessary, control over the use of the public streets,
sidewalks,parkways, and roadways in the interest of traffic regulation
and maintaining the free and unobstructed use of public sidewalks
and public ways of travel;
and WHEREAS, the district bordered by the streets of
Tustin Street, Collins Avenue, Rancho santiago Boulevard, and
Fairhaven Avenue, between the hours of 6:00 A.M. and 12:00 P.M. noon of
any day requires the orderly flow of pedestrian and motorized
traffic and, obstructions created by the assemblage and congregation
of persons soliciting employment from occupants of vehicles in
the district's streets, sidewalks, parkways, roadways and
alleys results in the delay and obstruction of the pUblic's free flow
of travel;
and WHEREAS, in the district bordered by the streets of
Tustin Street, Collins Avenue, Rancho Santiago Boulevard, and
Fairhaven Avenue, between the hours of 6:00 A.M. and 12:00 A.M. of any
day,the assemblage and congregation of over 300 persons who
are soliciting employment on the district's streets,
sidewalks,roadways and parkways results in the distraction of drivers
from their primary duty to watch the traffic and potential hazards
in
the road, observe all traffic control signals or warnings and
prepare to move through the district's streets and intersection;
and
WHEREAS, distracted drivers are more prone to automobile
accidents, and accidents on the district streets constitute a
substantial traffic safety problem which problem further impedes
and prevents the orderly flow of traffic; and
WHEREAS, the daily gathering and assemblage on the district's
sidewalks of persons engaging in this practice results in
congestion, and blockage of the sidewalks when such persons
approach the vehicles next to the sidewalk to negotiate and get in
such vehicles; and
WHEREAS, the regular and pervasive practice of soliciting
employment on the district streets, sidewalks, roadways, and
parkways, results in harassment of motorists who are approached by
persons seeking employment while the motorist is merely parking his
vehicle in proximity to the dayworkers; and
WHEREAS, the cumulative impact of this type of activity on the
district's sidewalks, streets, parkways, and roadways between the
hours of 6:00 A.M. and 12:00 noon of any day has created a
potential safety hazard, which poses a significant and substantial
risk to the interest of the public in the free flow of travel in
the district, between the hours of 6:00 A.M. and 12:00 P.M. noon of
any day; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE ORDAINS
AS FOLLOWS:
section I:
Accordingly, the City Council of the City of Orange does
hereby enact Chapter 12.65 of Title 12 of the city of Orange
Municipal Code as set forth below:
CHAPTER 12.65
SOLICITATION OF EMPLOYMENT
sections:
12.65.010 - Purpose of Chapter 12.
65.020 - Application of Chapter 12.65.
030 - Definitions 12.65.040 -
Solicitation for and of employment prohibited 12.65.050 - Penalty
12.65.010 Purpose of
Chapter. The purpose of this chapter is to regulate the time
and place and manner of the solicitation of employment from pedestrians to occupants
of vehicles and from occupants of vehicles to persons
on the public right-of-way. These regulations are content
neutral and do not restrict the right of free speech or
alternative channels of communication, but do ensure the protection of
the public health and safety.Ordinance No. 22-
89 2-
12.65.020 Application of Chapter.
A. This chapter shall only apply within the City of Orange
to the streets, roadways, sidewalks, parkways and alleys of the
district bordered by:
The West Right of Way Line of Tustin street,
the North Right of Way Line of Collins Avenue,
the East Right of Way Line of Rancho santiago
Boulevard and the South Right of Way Line of
Fairhaven Avenue.
said district is more particularly described
8769 Map Attachment "A" to this chapter.
B. This chapter shall only apply to the district described
herein between the hours of 6:00 A.M. on any day to 12:00 P.M. noon
of the same day.
12.65.030 Definitions. For the purpose of this Chapter, the
words defined in this section shall have the meanings as follows:
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 availa-
bility for or of employment.
b) A solicitation as defined herein shall be deemed
completed when made whether or not actual employment relationshipiscreated.
EMPLOYMENT" - means the service, industry, or labor performed by
a person for wages or other compensation, or under any contract of
hire, written or oral, expressed or implied.STREET" -
shall mean a way or place of whatever nature public maintained andopentotheuseofthepUblicforpurposesofvehiculartravel.
Street includes highway.ROADWAY" - shall
mean that portion of street improved,designed or ordinarily
used for vehicular travel.SIDEWALK" - shall mean
that portion of a highway, other than the roadway, set apart
by curbs, barriers, markings or other delineation for pedestrian travel.
PARKWAY" - means that portion
of street or highway other than roadway or the sidewalk or
traffic islands.ALLEY" - shall mean any highway
or street not exceeding 25 feet in width which is primarily
used for access to the rear or side entrances of abutting property.VEHICLE" -
means a vehicle as defined
in California Vehicle Code Section 670 as the same now
reads or may hereafter by amended.3-Ordinance No. 22-89
PERSON" - means any individual, company, corporation,association,
business or other legal entity.OCCUPANT" -
means a person who occupies a vehicle.12.65.
040 Solicitation for and of emplovment prohibited.a) It
shall be unlawful for a person to engage in the solicitation for
employment from the occupant of any vehicle between the
hours of 6:00 A.M. and 12:00 P.M. noon of same day on the streets,
sidewalks, roadways, parkways and alleys in the district described
in section 12.65.020 of this chapter.b) It
shall be unlawful for the occupant of any vehicle to engage 1n
the solicitation of employment to a person on the street,sidewalk roadway,
parkway between the hours of 6:00 A.M. any day to 12:00
P.M. noon of same day in the district described in section 12.65.
020 of this chapter.12.65.
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, subsection, sentence, clause, or phrase of this ordinance
is for any reason held to be invalid or unconstitutional by
the decision of any court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions
of the ordinance. The City Council hereby declares that
it would have passed this ordinance and each section,subsection, sentence,
clause, and phrase thereof, 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 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 Ordinance No.
22-89 4-
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.
ayor oCthe ci y of Orang
ATTEST:
n4'AA'(~' 9 9-Ae.A,,4-
V City Cler of ~e erty of
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
was introduced at the regular meeting of the City Council held on
the 19th day of September, 1989, and thereafter at the regular
meeting of said city Council duly held on the 19th day of September,
1989,was duly passed and adopted by the following vote, to
wit:AYES:COUNCIL MEMBERS:STEINER, BARRERA, MAYOR SMITH, BEYER,
COONTZ NOES:COUNCIL MEMBERS:
NONE ABSENT:COUNCIL MEMBERS:
NONE z,.A--("
r ~ f'
1>"*,~",~_City Clerk th i~of
Orange 5-Ordinance No.