HomeMy WebLinkAbout13-03 Solicitation of Employment, Business, or Contributions To and From Moving VehiclesORDINANCE NO. 13- 03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA
REPEALING SECTION 10-354 OF CHAPTER XIX OF TITLE 10 OF THE COSTA
MESA MUNICIPAL CODE RELATING TO SOLICITATION OF EMPLOYMENT,
BUSINESS, OR CONTRIBUTIONS TO AND FROM MOVING VEHICLES
WHEREAS, the Ninth Circuit Court of Appeals in Comite de Jornaleros de
Redondo Beach v. City of Redondo Beach, 657 F.3d 936 (9th Cir. 2011) held that an
ordinance that prohibits solicitation of employment, business or funds to/from vehicles
throughout the city is unconstitutional under the First Amendment of the U.S.
Constitution, as it curtails substantially more protected conduct than necessary to
achieve the City's goals. This case overturned an earlier case, ACORN v. City of
Phoenix, 798 F.2d 1260 (1986), which upheld the constitutionality of an ordinance
almost identical to the one challenged in Redondo Beach;
WHEREAS, Section 10-354, prohibiting solicitation to and from moving vehicles,
was based on the language approved by the Ninth Circuit in ACORN, and overturned by
Comite De Jornaleros de Redondo Beach.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Section 10-354 of Chapter XIX of Title 10 of the Costa Mesa Municipal
Code is hereby repealed.
Section 2. Any provision of the Costa Mesa Municipal Code or appendices thereto
inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies
and no further, is hereby repealed or modified to that extent necessary to effect the
provisions of this Ordinance.
Section 3. If any section, subsection, 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 jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council of the City of Costa Mesa hereby declares
that it would have adopted this Ordinance and each section, subsection, sentence,
clause, phrase, or portion thereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases or portions be declared invalid or
unconstitutional.
Section 4. The Mayor shall sign and the City Clerk shall certify to the passage and
adoption of this Ordinance and shall cause the same to be published and posted
pursuant to the provisions of law in that regard and this Ordinance shall take effect 30
days after its final passage.
Ordinance No. 13-03 Page 1 of 3
PASSED AND ADOT-EDSfrjelSt
James M.hji5eyf%r, Mayor
ATTEST:
6(141� !
Brenda Green, C' y Clerk
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA)
of October. 2013.
AP=:
ThomasrDua e,� ity�Attorney
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, hereby certify that the
above and foregoing Ordinance No. 13-03 was duly introduced for first reading at a
regular meeting of said City Council held on the 17th day of September, 2013, and
thereafter, said Ordinance was duly passed and adopted at a regular meeting of
said City Council held on the 1st day of October, 2013, by the following roll call
vote:
AYES: COUNCIL MEMBERS: Genis, Leece, Mensinger, Monahan, Righeimer
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the
City of Costa Mesa this 2nd day of October, 2013.
Brenda Green, tity Clerk
Ordinance No. 13-03 Page 2 of 3
I hereby certify that the above and foregoing is the original of Ordinance No. 13-03 was
duly passed and adopted by the Costa Mesa City Council at the regular meeting held
October 15t, 2013, and that the summary of the adopted ordinance was published in the
Newport Beach -Costa Mesa Daily Pilot on October 5, 2013.
BRENDA GREEN, CITY CLERK
Ordinance No. 13-03 Page 3 of 3