Large congregations of day laborers at informal day labor sites have for many years, if not decades, blocked and obstructed the public's use of public rights-of-way, interfered with the use and enjoyment of private property by private property owners, created traffic hazards and have caused other negative impacts and therefore constitute a public nuisance. In addition, solicitations for the exchange of money, property or employment services directed from or toward motorists traveling on City streets impede the free flow of traffic and create traffic hazards on those streets where there is no on-street parking. It is the intent of this chapter to remove obstructions for the safe passage of motorists and pedestrians on the streets and sidewalks, to minimize the interference with the use and enjoyment of private property caused by solicitation, to encourage the use of the resource center and other hiring centers, and to encourage more formal and orderly alternative means for solicitation to minimize the negative secondary impacts. The City Council finds that regulations are needed to prohibit day laborer solicitation in public areas near the resource center and private property hiring centers to increase their utilization and to minimize negative secondary effects to nearby properties caused by day labor activity in and around formal hiring centers. The following regulations are content neutral and impose reasonable time, place and manner regulations on solicitation from public rights-of-way and commercial parking lots.
(Ord. 19-07)
For purposes of this chapter the following definitions shall apply:
"City property"
means and includes any City street, highway, sidewalk, easement or other City property that is not specifically designated for off-site soliciting activities.
"City street"
means all portions of a roadway used by motor vehicles for travel or parking, including any medians lying within such roadways.
"Commercial parking lot"
means privately owned property that is designed or primarily used by customers of the property owner for parking, ingress and egress.
"Day laborer solicitation"
means and includes any action by a person to announce his or her availability for employment to persons operating motor vehicles or by a person operating a motor vehicle to offer employment to a pedestrian.
"Property owner"
means the fee owner of the property, the property owner's authorized agent, any tenant in lawful possession of the property and/or the tenant's authorized agent.
"Public right-of-way"
means and includes any street, highway, driveway, parkway or sidewalk within the City limits.
"Resource center"
means the City's day labor hiring center located on McPherson Road in the City of Orange.
"Solicitation" or "solicit"
means and includes any request, offer, enticement, or similar action by an individual to advertise or announce his or her availability for employment, to offer employment, to sell or purchase goods, property or services or to seek or make contributions of money or property, that is intended to consummate a physical exchange of money and/or property between a motorist and pedestrian or entry by a pedestrian into a vehicle. A solicitation shall constitute a violation of this chapter when made whether or not an actual employment, sale, purchase or contribution transaction is completed.
(Ord. 19-07)
A. 
No person shall solicit from any public sidewalk that is immediately adjacent to any City street or highway upon which a motorist cannot legally park.
B. 
No person shall, while operating a motor vehicle on or along a City street, solicit from the motor vehicle unless the motor vehicle is legally parked.
C. 
No person shall, from a location on any private property engage in solicitation absent the express written permission of the property owner.
1. 
For this subsection, to become operative the property owner shall either notify the City's Police Department in writing that solicitation is not permitted on their property and the location of such property, orally inform a police officer that such permission has not been granted and request removal of solicitors and/or post a sign at each entrance to the property not less than 18 by 24 inches in size with lettering not less than one inch in height and not to exceed six square feet which substantially provides as follows:
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.
The written no solicitation notice shall be effective until withdrawn in writing. The oral request for removal of solicitors shall be effective only for the day upon which it is given.
D. 
No person shall solicit while stopped or standing in any through traffic lane, upon any street median or upon any driveway apron located within the public right-of-way.
E. 
No person shall engage in day laborer solicitation on any public right-of-way that is immediately adjacent to any private property that has been issued a permit for a hiring center.
F. 
No person shall solicit from any public sidewalk in a manner that impedes pedestrian access to such public sidewalk.
G. 
No person shall remain on any private property for the purpose of engaging in solicitation after they have been requested to leave by the private property owner.
H. 
This chapter shall not be interpreted to relieve any person from obtaining a certificate of identification to engage in those solicitation activities governed by Chapter 5.66 of this code.
(Ord. 19-07; Ord. 03-25, 2/25/2025)
A. 
A person may solicit from a commercial parking lot if such person has the express permission of the property owner. However, if a property owner permits five or more persons to congregate for the purpose of engaging in solicitation upon their private property, a permit issued by the City must be obtained by the property owner. A person with the property owner's express written permission to engage in off-site solicitation shall not be liable for a violation of this chapter solely on the basis that the property owner has failed to obtain a permit.
B. 
This chapter shall not apply to solicitations from private property to perform services that are provided upon the property from which the solicitation occurs or to sell or purchase goods from or to the subject property owner.
C. 
This chapter shall not apply to conduct which solely involves the distribution of literature or to private property which is required by law to be open to the public for communicative purposes such as plaza areas and walkways of large shopping centers where the general public is invited to congregate.
(Ord. 19-07; Ord. 03-25, 2/25/2025)
A. 
Persons engaged in the solicitation for employment may utilize the resource center for such solicitation provided that such persons abide by the rules and regulations established by the resource center. Persons who do not abide by such rules and regulations may be prohibited from using the resource center for a minimum period of three months and a maximum period of one year.
B. 
Other than the resource center property, no person shall engage in any day laborer solicitation on any City property, which is located on McPherson Road between its intersection with Chapman Avenue to the south and its intersection with Spring Street to the north. No person shall engage in day laborer solicitation upon any property located within Grijalva Park or upon any public right-of-way immediately adjacent to Grijalva Park. This subsection shall only apply to those hours in which the resource center is open.
(Ord. 19-07)
Any person violating the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be subject to fine of $250.00 for the first offense, $500.00 for the second offense and $1,000.00 and imprisonment in the Orange County Jail for a term not exceeding three months for the third offense.
(Ord. 19-07)