HomeMy WebLinkAbout2012-12 - Repealing Charter 10.62 of the Newport Beach Municipal Code Pertaining to Vehicle Addressed SolicitationORDINANCE NO. 2012 -12
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, REPEALING
CHAPTER 10.62 OF THE NEWPORT BEACH MUNICIPAL
CODE PERTAINING TO VEHICLE ADDRESSED
SOLICITATION
WHEREAS, in 1986, the Ninth Circuit Court of Appeals held in ACORN v. City of
Phoenix, (9th Cir. 1986) 798 F.2d 1260, that anti - solicitation laws could be enacted as
valid, content - neutral, time, place and manner restrictions; and
WHEREAS, following the Ninth Circuit's decision in ACORN, the City of Newport
Beach enacted a vehicle addressed solicitation ordinance, codified in the Newport Beach
Municipal Code in Chapter 10.62, to protect public safety, including vehicular and
pedestrian safety; and
WHEREAS, in a recent case entitiled Comite de Jornaleros de Redondo Beach v.
City of Redondo Beach (9th Cir. 2011) 657 F.3d 936 ( Comite), the Ninth Circuit Court of
Appeals found Redondo Beach's street solicitation ordinance to be an unconstitutional
restraint on speech and thus barred that City from enforcing provisions of its ordinance;
and
WHEREAS, Chapter 10.62 of the Newport Beach Municipal Code is almost
identical to the code provision at issue in Comite; and
WHEREAS, in 2012, the United States Supreme Court denied the City of Redondo
Beach's petition for certiorari in Comite and the decision of the Ninth Circuit Court of
Appeals is now final.
NOW, THEREFORE, the City Council of the City of Newport Beach, California,
HERREBY ORDAINS as follows:
SECTION 1: Chapter 10.62 of the Newport Beach Municipal Code is hereby
repealed in its entirety.
SECTION 2: If any section, subsection, sentence, clause or phrase of this
ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this ordinance. The City
Council hereby declares that it would have passed this ordinance, and each section,
subsection, clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses and phrases be declared unconstitutional.
SECTION 3: The Mayor shall sign and the City Clerk shall attest to the passage of
this ordinance. The City Clerk shall cause the same to be published once in the official
newspaper of the City, within fifteen (15) days after its adoption, and it shall be effective
thirty (30) days after its adoption.
This ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach, held on the 8th day of May , 2012, and adopted on
the 22nd day of May , 2012, by the following vote, to wit:
AYES, COUNCILMEMBERS Ho,,, RrHill,
Daigle, Selich, Gardner, Curry
NOES, COUNCILMEMBERS None
ABSENT COUNCILMEMBERS None
MAYORt A, �
ATTEST:
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
Aaron C. Harp,
City Attorney
A09 -00275
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify
that the whole number of members of the City Council is seven; that the foregoing ordinance, being
Ordinance No. 2012 -12 was duly and regularly introduced on the 8h day of May, 2012, and adopted by the
City Council of said City at a regular meeting of said Council, duly and regularly held on the 22 "d day of
May, 2012, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Hill, Rosansky, Curry, Selich, Henn, Daigle, Mayor Gardner
I0G* kqeI-
Absent: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official
seal of said City this 23d day of May, 2012.
A J, bm"
City Clerk
City of Newport Beach, California
(Seal)
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that
Ordinance No. 2012 -12 has been duly and regularly published according to law and the order of the City
Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general
circulation on the following dates:
Introduced Ordinance: May 12, 2012
Adopted Ordinance: May 26, 2012 /�����
In witness whereof, I have hereunto subscribed my name this /rITYt day of NUANI
2012.
"A'N'
City Clerk
City of Newport Beach, California
(Seal)