SR - ORD-05-17 - SECOND READINGORDINANCE
SECOND READING
November 14, 2017
1. SUBJECT
Second Reading and adoption of 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.
2. SUMMARY
The introduction and First Reading of the above - entitled Ordinance was approved at a Special
Council Meeting on October 24, 2017.
The Ordinance is now presented for Second Reading by title only, and adoption.
Vote at First Reading: AYES: Alvarez, Whitaker, Smith, Murphy, Nichols
NOES: None
ABSENT: None
3. RECOMMENDATION
Adopt Ordinance No. 05 -17.
4. ATTACHMENTS
Ordinance No. 05 -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 1
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.