SR - ORD-05-17 - FIRST READING1. SUBJECT
Ordinance No. 05 -17. An Ordinance of the City Council of the City of Orange Adding Chapter
9.34 of the Orange Municipal Code.
2. SUMMARY
The proposed ordinance would assist in addressing the continued problems associated with
individuals accosting patrons visiting city businesses.
1 3. RECOMMENDATION /ACTION A
Adopt Ordinance No. 05 -17 for first reading.
4. FISCAL IMPACT
None anticipated.
5. STRATEGIC PLAN GOAL (S
1. Provide for a safe community
d) Assure the development of the City occurs in a fashion that maximizes public safety.
6. DISCUSSION and BACKGROUND
After a review of the Orange Municipal Code to determine what if any additions could be made to
provide for a safer environment for residents and visitors to the City of Orange, it was determined
that a new ordinance prohibiting aggressive solicitation would be beneficial. This would give an
additional tool to law enforcement in dealing with individuals who act in a manner that causes a
reasonable person to fear for their safety.
7. ATTACHMENTS
• Ordinance No. 05 -17
ITEM 2 10/24/17
ORDINANCE NO. 05-17
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE ADDING A NEW CHAPTER
9.34 TO THE ORANGE MUNICIPAL CODE
PROHIBITING THE ACT OF AGGRESSIVE
SOLICITATION.
WHEREAS, the City of Orange is concerned with the increase in solicitation activity
and the aggressiveness of some solicitors; and
WHEREAS, it is believed that prohibitions on solicitation for alms in an aggressive
manner do not infringe on personal constitutional rights and therefore would withstand a legal
challenge; and
WHEREAS, residents and visitors to the City of Orange should be free to come and go
without being in fear of aggressive solicitors.
NOW THEREFORE, the City Council of the City of Orange hereby ordains as
follows:
SECTION I
Chapter 9.34 is hereby added to the Orange Municipal Code to read as follows:
Chapter 9.34
Prohibition on Aggressive Solicitation
9.34.010 Definitions.
A. For the purposes of this chapter, an individual (solicitor) coerces,
threatens, hounds, or intimidates another (solicitee) when:
1. The solicitor's conduct would cause a reasonable person in the
position of the solicitee to fear for his or her safety; or
2. The solicitor intentionally blocks the path of the solicitee; or
3. The solicitor makes physical contact with the solicitee; or
4. The solicitor persists in following the solicitee closely, while the
solicitor continues to solicit alms after the solicitee has informed the
solicitor by words or conduct that the solicitee does not want to give
anything to the solicitor to which the person demanding payment
is not entitled to under the law.
CITY COUNCIL MINUTES OCTOBER 24, 2017
8. REPORTS FROM CITY MANAGER — None
9. LEGAL AFFAIRS
9.1 An Ordinance prohibiting the act of aggressive solicitation. Ordinance No. 05 -17
(First Reading). (A2500.0)
An Ordinance of the City Council of the City of Orange adding a New Chapter 9.34 to the
Orange Municipal Code prohibiting the act of aggressive solicitation.
City Attorney Wayne Winthers introduced the item, and Police Captain Jeff Burton
answered Council's questions regarding the enforcement of the proposed Ordinance.
Public Speakers:
The following people spoke in opposition of approving the proposed Ordinance: Sheena
Innocente, Kimberly ONeill, Mohammed Aly, Jack Evans, Ricky King, Alexander
Banegee, Kyler Asato, Jestin Samson, Harrison Preusse, Jordan Hoibert, Juan Bustillo,
Kendra Klint, Nika Darrin, Naveed Gouarzi, Morgan Denges, Austin Buyan, Daniel
Espiritu, and Brad West.
Steve Lichten spoke in favor of approving the proposed Ordinance.
Mayor Smith left the dais at 8:17 p.m. and returned to the dais at 8:26 p.m.
During discussion, Council made it clear that the intent of the proposed Ordinance is not
to criminalize the poor. It's the City's responsibility to keep the community safe. There
needs to be a balance between the people who need help and the need to protect the citizens'
and businesses' safety. Council understands the concerns expressed during public
comment but trust in the professionalism of the City's Police and Fire Department to
enforce the proposed Ordinance accordingly.
MOTION — Alvarez
SECOND — Nichols
AYES — Alvarez, Whitaker, Smith, Murphy, Nichols
Moved to approve Ordinance No. 05 -17 for First Reading and same was set for Second
Reading by the preceding vote.
10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE
REDEVELOPMENT AGENCY — None
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