Article 6 — CERTAIN NONCOMMERCIAL ACTIVITIES

Editor's note— Article 6, §§ 2-1-60—2-1-66, was repealed by Ord. No. 3877, § 5, adopted Mar. 16, 1993. The article related to First Amendment activities and was derived from Ord. No. 3642, § 1, adopted June 16, 1987. Section 5 of Ord. No. 3877 also added a new art. 6, §§ 2-1-60—2-1-66.

The primary and intended purpose of the Airport is to efficiently and safely accommodate the air-traveling public; to enhance the promotion and accommodation of air commerce and navigation; and to provide the necessary space and services needed by the traveling public to efficiently, safely, and comfortably access the air transportation system at the Airport.

To best accomplish this purpose, the terminal sidewalks, walkways and open space adjacent to the terminal are divided into those areas consisting of leased space designed and used to provide travel- related services such as ticketing counters and areas, ground transportation counters and areas, and concession and food service areas; and further are divided into both leased and unleased common public utilization areas designed and used for walkways, sidewalks, baggage claim, ticketing lines, restrooms, seating and waiting areas.

To best serve the intended purpose of the Airport, the activities that occur therein must be limited and regulated so as to restrict as much as possible any congestion and disruption to members of the air- traveling public in order to allow movement with relative ease throughout the terminal and adjacent walkways and open space.

The Airport was neither designed for nor intended to be used by the public as a forum for expressive conduct and purposes. If the Airport is to be operated for its intended purpose to best serve the air- traveling public and to raise sufficient funds for its continued operation, the activities authorized at the Airport must be limited and regulated in a manner consistent with that intended purpose.

(Ord. No. 3877, § 5, 3-16-93)

This article applies to and regulates the asserted exercise of First Amendment activities at the Airport, including the following described noncommercial activities:

(a)

Solicitation and receipt of funds;

(b)

Distribution of leaflets, handbills, and other literature, including distribution for surveys and petitions;

(c)

Picketing or other assemblies pertaining to labor disputes or other purposes;

(d)

Demonstrations, advocacy, protests, assemblage of persons and disseminating information for religious proselytism, political advocacy or other purposes.

(Ord. No. 3877, § 5, 3-16-93)

(a)

Permit Required. Each person or organization conducting any noncommercial activity described in section 2-1-61, unless otherwise prohibited, must hold a valid permit issued by the Airport Director and conduct that activity in conformity with applicable laws, regulations and the terms of the permit. It shall be unlawful for any person or organization to engage in any such noncommercial activity without first having obtained a permit from the Airport Director. Each permit shall describe the noncommercial activity authorized and the area in which it may be conducted.

(b)

Procedure. For purpose of obtaining a permit, a written application shall be made in a form prescribed by the Airport Director and shall state the following information:

(1)

The full name, mailing address, and telephone number of the person or organization sponsoring, promoting, or conducting the non-commercial activity;

(2)

The full name, mailing address, and telephone number of the individual person or persons who will be engaged in the noncommercial activities;

(3)

A general description of the proposed noncommercial activity;

(4)

The date and time which the noncommercial activities are proposed to begin and conclude;

(5)

That the activity is for noncommercial purposes shall be stated in the application.

(Ord. No. 3877, § 5, 3-16-93)

(a)

Failure to submit the information required shall result in a denial of a permit by the Airport Director. Upon receipt of a complete and valid permit application, a permit shall be issued unless all available permits have been issued to prior applicants and/or so long as the noncommercial activity does not impair or interfere with the operational functions of the Airport or the policies stated in section 2-1-60. The permit is not transferable except among individuals who have completed and submitted applications for the same permit.

(b)

In accordance with the policies set forth in section 2-1-60, the permit shall specify the location and area of the Airport where the noncommercial activity may be conducted. The permit shall also specify the time and duration of the noncommercial activity.

(c)

A fee may be charged for issuance of a permit as established by Resolution of the Board.

(d)

If the information disclosed on the application for a permit indicates the potential for County liability as a result of the activity described therein, the Airport Director as a condition for issuance of the permit shall require applicants to obtain a comprehensive general liability insurance policy acceptable to the County and issued by an insurance company authorized to do business in the State of California, with coverage that includes the permitted activities and the location in which the activities will occur. The County and its officers, agents, and employees shall be named as additional insured on the policy for protection against claims of bodily injury, wrongful death and property damage. The policy limits of the policy shall not be less than one million dollars ($1,000,000.00) per occurrence combined single limit for both bodily injury and property damage. The policy shall contain a provision that no termination, cancellation, or change of coverage of the insured or additional insured is effective until after thirty (30) days' notice thereof has been given in writing to the County. The Airport Director shall not require insurance coverage based upon the content of any speech or message related to any noncommercial activity described in the permit.

(e)

As a condition for issuance of the permit, the permittee shall indemnify and hold harmless the County and its officers, agents and employees, and shall defend, indemnify and save them from any and all claims, demands, suits, actions or proceedings of any kind or nature, including workers compensation claims, of or by anyone in any way resulting from any act or omission of the permittee or such officers, agents or employees of the permittee.

(Ord. No. 3877, § 5, 3-16-93)

In conducting the noncommercial conduct described in section 2-1-61:

(a) No person may conduct the noncommercial activity without a permit or with a permit which has expired.

(b) No person may conduct the noncommercial activity with a permit issued in response to a false application.

(c) No person may conduct the noncommercial activity with a permit outside the area designated on the permit.

(d) No person may conduct the noncommercial activity within fifty (50) feet of the following:

(1) A ticket counter;

(2) A baggage claim facility;

(3) A departure gate/check-in counter;

(4) A departure gate lounge;

(5) Premises leased for the exclusive use of a concessionaire;

(6) Restaurant facilities;

(7) A stair, escalator or elevator;

(8) A doorway or entrance way;

(9) A motor vehicle with embarking or disembarking passengers;

(10) A public service information counter;

(11) Persons waiting in line at any of the above-listed areas.

(e)

No person may use sound or voice amplification systems, musical instruments, radio communication systems or other mechanical sound devices.

(f)

No person may sing, chant, dance, shout or make any loud noise.

(g)

Each person shall wear an identification badge at all times on Airport property, which badge shall be issued by the Airport Director or the Director's designee, and which shall contain, in a form authorized by the Airport Director, the following:

(1) Name of the person;

(2) Name of the group or organizations, if any, on whose behalf the person is conducting regulated activities.

(h)

No person may in any way obstruct, delay, or interfere with the free movement of any other person; seek to coerce or physically disturb any other person; or hamper or impede the conduct of any authorized business at the Airport.

(i)

A person shall immediately cease all noncommercial activities directed at any individual, where such individual has indicated his/her unwillingness to listen to the person or accept any handbill, flower or other object proffered by the person.

(j)

No bags, containers, written materials, or other personal property shall be left unattended by a person in any area of the Airport premises.

(k)

While conducting regulated activities on Airport premises, a person shall not falsely or fraudulently represent that he or she is a member of any organization other than the one which is stated in his or her application permit.

(l)

While conducting regulated activities on Airport premises, no person may approach any person who is entering or exiting a curbside vehicle or any person seated inside a curbside vehicle.

(Ord. No. 3877, § 5, 3-16-93)

Editor's note— Ord. No. 04-016, § 49, adopted September 9, 2004, amended the Code by repealing former § 2-1-65 in its entirety. Former § 2-1-65 pertained to prohibition of solicitation of funds, and derived from Ord. No. 3877, adopted March 16, 1993.

(a)

A violation of any section contained in this Division, (except Section 2-1-30.10(a), (b)), may be deemed an infraction and may be punished as such, notwithstanding the fact that, at the discretion of the District Attorney, the violation of any section contained in this Division may be filed as a misdemeanor. The complaint charging such violation shall specify whether the violation is a misdemeanor or an infraction.

(b)

Every violation determined to be an infraction is punishable by:

(1)

A fine not exceeding one hundred dollars ($100.00) for the first violation;

(2)

A fine not exceeding two hundred dollars ($200.00) for a second violation within one year of the first violation; and

(3)

A fine not exceeding five hundred dollars ($500.00) for the third and each additional violation of the same ordinance within one year of the first violation.

(c)

The County may commence civil actions or administrative proceedings against the offending person to enforce and/or prevent any violation of any section contained in this Division. Such actions may be in law or equity, and may seek injunctive relief, abatement of nuisance(s), and other equitable relief. Such actions may seek to recover any damages or expenses incurred by the County to remediate any environmental damage or repair any facilities damage due to any violation of this ordinance by any person. These damages and expenses include environmental remediation costs, facilities repair costs, loss of revenue, staff time, attorneys fees, court costs, and reimbursement, defense and indemnification for any fine or legal or administrative proceeding to which the County may have been exposed or for which the County may have become liable due to the actions of the offending person.

(d)

The Airport Director may enact rules or regulations to enforce this ordinance. Such rules or regulations may include provisions for notices of noncompliance, administrative compliance orders, cease and desist orders, abatement of nuisance, recovery of costs, administrative hearing process and other terms.

(e)

Notwithstanding the foregoing, all parking violations as enumerated in Section 2-1-52 subdivisions (a) through (k) and Section 2-1-54(b), shall be punished by civil fine in an amount approved by the Board of Supervisors in the Orange County Uniform Traffic Bail Schedule."

(Ord. No. 04-016, § 50, 9-9-04; Ord. No. 10-002, § 1, 2-2-10)

Editor's note— Ord. No. 04-016, § 50, adopted September 9, 2004, amended the Code by repealing former § 2-1-66 and adding a new § 2-1-66. Former § 2-1-66 pertained to revocation of permit, and derived from Ord. No. 3877, adopted March 16, 1993.

If any division, article, section, subsection, sentence or clause of this chapter is for any reason declared unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not

affect the validity or the effectiveness of the remaining portions of this chapter or any part thereof. The County of Orange Board of Supervisors hereby declares that it would have adopted this chapter notwithstanding the unconstitutionality, invalidity or ineffectiveness of any one or more of its divisions, articles, sections, subsections, sentences or clauses.

(Ord. No. 04-016, § 51, 9-9-04)

Editor's note— Ord. No. 04-016, § 51, adopted September 9, 2004, amended the Code by repealing former § 2-1-67 and adding a new § 2-1-67. Former § 2-1-67 pertained to enforcement as misdemeanor or infraction, and derived from Ord. No. 00-1, adopted February 1, 2000.