HomeMy WebLinkAboutORD 1412 (2012)AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN AMENDING VARIOUS SECTIONS OF THE
TUSTIN CITY CODE RELATING TO THE REGULATION
OF SOLICITATION ACTIVITY AND ACTS OF TRESPASS
OCCURING ON COMMERCIAL PROPERTIES
City Attorney Summary
This ordinance amends the Tustin City Code by establishing
regulations which: prohibit solicitation activity at those public
rights of way where street parking is prohibited; requires a
solicitor's permit for solicitors conducting commercial or
charitable solicitation in residential areas of the city; prohibits
solicitation activity on commercial property wherein the
property owner has posted a "no solicitor's sign". In addition,
the ordinance prohibits trespass on commercial properties
during non-business hours and prohibits skateboarding on
commercial properties.
The City Council of the City of Tustin hereby ordains as follows:
SECTION I. Code Amendment Relating to Solicitation Activities
Chapter 8 of Article 5, "Public Safety" is hereby amended in its entirety to read as
follows:
CHAPTER 8. REGULATION OF SOLICITATION ACTIVITY
PART I. Regulation of Solicitation Activity in Public Rights of Way
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The City Council finds that it is necessary to regulate the solicitation activity of
pedestrians and motor vehicle occupants who utilize certain public rights of way
based upon the following findings:
(1) The City of Tustin has experienced negative secondary impacts
arising out of solicitation activities of pedestrians and passing motorists
who utilize certain public rights of way as documented in a Police
Department report provided to the City Council. These impacts consist of
traffic hazards caused by: the distraction of automobile drivers observing
solicitation activity or otherwise stopping or slowing in traffic lanes;
Ordinance No. 1412
Page 1 of 11
solicitors' physical obstruction of vehicular traffic flow by walking randomly M-11,112
into streets to solicit passing motorists. Additional problems emanating M
from this solicitation activity include littering, public urination, interference
LIM
with pedestrian access to public sidewalks, and interference with on-site
commercial business operations. These secondary impacts are found to
be a nuisance condition requiring reasonable restrictions to mitigate
potential impacts from such nuisance conditions.
(2) The City Council takes notice of the fact that other local
municipalities, such as the cities of Orange and Newport Beach, and
nationwide have experienced similar impacts from solicitation in public
rights of way aimed at passing motorists. The City of Orange conducted
an extensive analysis of such impacts in a study and report to the City
Council resulting in the enactment of an ordinance which establishes City
of Orange regulations restricting solicitation activity at certain public rights
of way. The Orange ordinance makes specific findings that solicitation on
public rights of way, upon which vehicle parking is prohibited or restricted,
causes significant traffic hazards. That analysis and ordinance provides a
further factual basis to support the enactment of regulations restricting
solicitation activity in certain public rights of way as further set forth in this
chapter.
5801 Definitions
As used in this Chapter, the following words and phrases shall have the following
meanings:
"Charitable solicitation activity" means commercial sales or requests for
charitable contributions on behalf of a nonprofit organization, including
e.g., patriotic, philanthropic, social services, welfare, benevolent,
educational, religious, civil, or fraternal, either actual or purported.
"Commercial property" means any real property held, owned, or controlled
by private interests and which is zoned by the city for any form of business
enterprise, including but not limited to, retail, office, commercial, or
industrial, or recreational purpose.
"Contribution" means the giving of anything of value, including money,
property, or any type of financial assistance, or the pledging of anything of
value, including money, property, or other type of financial assistance, or
the purchasing or offering to purchase anything of value, including, but not
limited to goods, services, books, real property, pamphlets, tickets, or
subscriptions to publications.
MINE-
Ordinance No. 1412
Page 2 of 11
"Employment" shall mean services, industry or labor performed by a
person for wages or other compensation or under contract of hire, whether
written, oral, expressed or implied.
"Occupants of motor vehicles" shall mean the driver and passengers of
the vehicle.
"Person" means any individual, firm, partnership, joint venture,
association, social club, league, fraternal organization, joint stock
company, estate, trust, corporation, or any other group acting as a unit.
"Solicit", "solicitation", or "solicitation activity" shall mean and include, but
not limited to any request, offer, enticement, or other action which
announces the availability of employment, the sale of goods, services, or
requests for funds, petition gathering; or any request, offer, enticement or
action which seeks to purchase or sell goods, or to cause a contribution of
money or other property to be made. As defined herein, a solicitation shall
be deemed complete when made whether or not an actual transaction of
any type is completed, or exchange of money, including charitable
contributions, takes place.
5802 Prohibited Solicitation Activity
MINES
(a) Solicitation Prohibited When Conducted From Sidewalks and Driveways
Where Vehicle Parking Is Not Legally Permitted. It shall be unlawful for any
person, while standing in any portion of a public sidewalk or driveway, to engage
in solicitation activity with any person traveling in a vehicle along any public
street or highway which has been designated by the City as a as a prohibited
parking area or no parking zone.
(b) Solicitation Prohibited When Conducted Within Public Streets and
Medians. It shall be unlawful for any person while standing within any public
street or highway or public median to engage in solicitation activity with any
person in a vehicle in the public right of way, including but not limited to, a public
street, highway, sidewalk, or driveway.
(c) Prohibition Of Solicitation By Occupants Of Vehicles. It shall be unlawful
for any occupant of a vehicle to engage in solicitation activity with a person who
is within a public street or highway which has been designated by the City as a
prohibited parking area or no parking zone.
5803 Posting of Signs
The City shall post signs in the public right of way to notify the public of the
prohibitions of Section 5802.
Ordinance No. 1412
Page 3 of 11
PART 11. Regulation of Residential Solicitation Activity
5810 — 5816 [Omitted]
5817 Regulation of Solicitation in Residential Areas
(a) Specific Requirements. No person shall solicit in any of the residential
zoned areas of the City:
1 Between the hours of 6:00 p.m. and 8:00 a.m., unless done by
appointment;
2. At any house, apartment, or other dwelling to which is affixed a sign
indicating "No Solicitors" or similar indication that no solicitation is
desired by the occupants thereof;
3. At any house, apartment, or other dwelling within a homeowner's
association that maintains private streets where the homeowner's
association has posted on each vehicular entry way to the property
a notice in substantially the following form:
"No Solicitors", or similar indication that no solicitation is
permitted by occupants thereof.
4. By using profane or abusive language or making verbal thre ats,
during the solicitation;
5. By stepping onto or over the threshold of a doorway, unless invited
to do so by the occupant;
6. By placing hands, legs, or any portion of the solicitor's body in the
doorway so that it reasonably appears that the door may not be
closed, unless allowed to do so by the occupant;
7. By refusing to immediately leave the solicited premises when asked
to do so by any occupant; or
8. By knowingly making false statements or misrepresentations about
the purpose of the solicitation.
(b) Receipts. Any person receiving money or anything of value in excess of
five dollars ($5.00) from any contributor by means of a solicitation shall, upon
request, give such contributor a written receipt showing the name and address of
the solicitor, the date, and the amount received.
(c) Compliance With State and City Charitable Laws. Prior to and while
engaging in solicitation in any residential area of the City, every person shall fully
comply with all applicable state laws, including the provisions of the California
Charitable Disclosure Law as set forth in the California Business and Professions
Ordinance No. 1412
Page 4 of 11
Code sections 17510 et seq. and the charitable solicitation permit requirements
in Tustin City Code section 2513(f).
5818 Regulation of Solicitation Conducted on Commercial Property
(a) Findings and Intent. The City has received a growing number of
complaints from certain merchants and business patrons that solicitors have
engaged in a variety of commercial and non-commercial solicitation activity on
private commercial property without the owner's consent. This solicitation activity
can have the effect of impeding the free movement of citizen patrons, and
otherwise cause noise and physical obstruction which detracts from a conducive
commercial environment.
(b) Prohibition. It is unlawful for any person to solicit in or upon any
commercial property within the City when such property is affixed with signage
stating "NO SOLICITORS", or similar statement to the effect that solicitation is
not permitted on the property, or is otherwise permitted only in restricted areas of
the property.
(c) Signage Requirements
(1) Excepting commercial property containing communal areas, the
property owner shall post a No Solicitors" sign of a size not less than 22
inches by 17 inches, with lettering of at least one inch in height, at each
vehicular entry point to the property.
(2) For commercial property containing communal areas, the property
owner shall post signs stating that:
"Solicitation of any type is permitted only in designated areas of this
Commercial Property. Violators are subject to prosecution pursuant to
Tustin City Code section 5818(b). Contact the property manager for a
permissible solicitation location."
The signing shall be located at prominent entry point(s) of the property, and at
such other locations which have been designated by the property owner as
permissible solicitation locations. The size of the signs shall be not less than 22
inches by 17 inches with lettering of at least one inch in height.
For purposes of this section, "communal areas" shall mean such areas set aside
by the owner in which the public may engage in such matters as discourse,
recreation, or entertainment separate and apart from commercial patronage
occurring at business establishments. Examples of communal areas are seating
areas, plazas, or large walking areas. Restaurant seating restricted to particular
patronage does not constitute communal areas of the center.
Ordinance No. 141
Page 5 • 11 1
0
PART 111. Prohibition of Aggressive Solicitation and Solicitation at Certain
in
Locations
5830 Purpose and Intent
The City Council finds that it is necessary to protect citizens from the fear and
intimidation accompanying aggressive solicitation and all solicitation in certain
confined areas. Aggressive solicitation may include approaching or following
pedestrians, repetitive contact, or the intentional blocking of pedestrian and
vehicular traffic.
5831 Aggressive Solicitation Prohibited
No person shall solicit, ask or beg in an aggressive manner in any public place.
5832 All Solicitation Prohibited At Specified Locations
(a) City Parking Structures. Any act of solicitation is prohibited in any City
public parking lot or parking structure.
(b) Restrooms-r No person shall solicit, ask, or beg in any public restroom or
within twenty five (25) feet of the entrance to a public restroom.
(c) Banks and ATMs. No person shall solicit ask or beg within twenty five
(25) feet of any entrance or exit of any bank, savings and loan association, credit
union, or check cashing business during its business hours or within twenty five
(25) feet of any automated teller machine during the time it is available for
customers use. Provided, however, that when an automated teller machine is
located within an automated teller machine facility, such distance shall be
measured from the entrance or exit of the automated teller machine facility.
Provided further that no person shall solicit, ask or beg within an automated teller
machine facility where a reasonable person would or should know that he or she
does not have the permission to do so from the owner or other person lawfully in
possession of such facility. Nothing in this paragraph shall be construed to
prohibit the lawful vending of goods and services within such areas.
(d) A marked bus stop;
(e) Public transportation vehicles or facilities.
5833 Definitions
In construing the provisions of this Part, the following definitions shall apply:
Ordinance No. 1412
Page 6 of 11
"Aggressive manner" shall mean any of the following:
1. Approaching or speaking to a person, or following a person before,
during or after soliciting, asking or begging, if that conduct is
intended or is likely to cause a reasonable person to:
(i) fear bodily harm to oneself or to another, damage to loss of
property, or
(ii) otherwise be intimidated into giving money or other thing of
value;
2. Intentionally blocking or interfering with the safe or free passage of
a pedestrian or vehicle, by any means, or the blocking or interfering
with pedestrian or vehicular access to any building, including
unreasonably causing a pedestrian or vehicle operator to take
evasive action to avoid physical contact or to gain entrance to a
building;
3. Intentionally touching or causing physical contact with another
person or an occupied vehicle without that person's consent in the
course of such soliciting, asking, or begging;
4. Using violent or threatening gestures toward a person solicited
either before, during, or after soliciting, asking, or begging;
5. Persisting in closely following or approaching a person, after the
person has been solicited and informed the solicitor by words or
conduct that such person does not want to be solicited or does not
want to give money or any other thing of value to the solicitor; or
6. Using profane, offensive or abusive language which is inherently
likely to provoke an immediate violent reaction, either before,
during, or after solicitation.
"Public place" shall mean a place to which the public or a substantial
group of persons has access, and includes, but is not limited to, any
street, highway, sidewalk, public parking lot, plaza, transportation facility,
school, place of amusement, park, playground, and any doorway,
entrance, hallway, lobby, and other portion of any business establishment,
an apartment house, or hotel not constituting a room or apartment
designed for actual residence.
Ordinance No. 1412
Page 7 of 11
"Solicitation" shall have the same meaning set forth in Tustin City Code IBM
Section 5801. 110
PART IV. Violations
5840 Misdemeanor/Infraction
Any violation of the provisions of this chapter may be prosecuted as an infraction
or misdemeanor pursuant to section 1121, of Part 11, of Chapter 1 of the Tustin
City Code. Violations may also be punished by other penalty, citation, and
administrative citation process provided for in Chapter 1 of Article 1.
SECTION 11. Code Amendment Relating To Regulation of Trespassing Activities on
Private Commercial Properties
PART 5, entitled "Trespass on Private Commercial Property" is hereby added to
Chapter 3, "Disorderly Conduct" of Article 6, "Public Welfare" to read as follows:
PART 5 Trespass on Exterior Premises of Commercial Property
6350 Remaining on Exterior Premises When a Business is Closed
10-1-11
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(a) Findings and Intent. The City has received complaints from business rmslimi
owners that individuals enter upon and remain overnight on the exterior portion of
their private commercial property without owner consent. This transient
occupation leads to health and safety impacts on properties including urination
and the leaving of waste and debris. This section is intended to prohibit such
transient overnight occupation when owners post appropriate signage on their
properties in accordance with this section.
(b) Prohibition. It shall be unlawful for any person to remain upon the exterior
premises of any private commercial property, including any parking area, when
the business is closed, and the property is posted with at least one sign at a
pedestrian entry point prohibiting the presence of any person on the property
during non-business hours. "Private commercial property" means any real
property held, owned, or controlled by private interests and which is zoned by the
City for any form of business enterprise, including but not limited to, retail, office,
commercial, industrial, or recreational purpose.
(c) Signage. The sign shall be a minimum size of 17 inches by 22 inches and
shall state:
I
Ordinance No. 1412
Page 8 of 11
Entrance to this property is limited to patrons
only. It is a trespass and violation of law to
remain on this property during non-business
hours. (Tustin City Code section 6350(b))
Business Hours are:
(d) Scope and Application. This section shall not apply to any person who
has a bona fide intent to exercise an established constitutional right.
SECTION 3. Code Amendment Relating to Skateboard Regulations
Tustin City Code section 5343, "Skateboard Regulations", of Part 4, of Chapter 3, of
Article 5 of the Tustin City Code is amended in its entirety to read as follows:
5343 Regulation of Skateboarding on Private Property, Designated Public Property,
and City Streets.
(a) Private Property. It shall be unlawful for any person to engage in
skateboarding on any commercial property in the City in which the owner, lessee,
or operator of such property has posted at least one sign stating:
"SKATEBOADING IS PROHIBITED ON THIS PROPERTY PURSUANT TO
TUSTIN CITY CODE SECTION 5343."
The size of the sign shall be not less than 22 by 17 inches with lettering not less
than one inch in height. The sign shall be posted in plain view in at least one (1)
prominent location on the property.
"Skateboarding" is defined to mean a board of any material which has wheels
attached to it and which is propelled or moved by human movement, or
mechanical power. "Private commercial property" shall have the same meaning
as stated in Tustin City Code section 6350(b).
(b) Public Property. It shall be unlawful for any person to engage in
skateboarding in or on any city public parking structure, or on or within the City
Civic Center/Library complex property.
(c) Streets and Public Highways. It shall be unlawful for any person to
skateboard on any City street or public highway within the City. This prohibition
*rdinance No. 1413
Page • • 11
shall not extend to include city sidewalks. Skateboards shall yield the right of
way to pedestrians at all times.
SECTION 4. Severabilily. If any section, subsection, sentence, clause, or phrase of
this ordinance is for any reason, held to be invalid or unenforceable, such decision shall
not affect the validity or enforceability of the remaining portions of this ordinance. The
City Council 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 invalid or
unenforceable.
SECTION 5. Repealer
(a) Chapter 10 "Charitable and Commercial Solicitations", of Article 5 "Public
Safety" of the Tustin City Code is hereby repealed in its entirety.
(b) Chapter 11 "Prohibition Against Certain Forms of Aggressive Solicitation"
of Article 5 "Public Safety" of the Tustin City Code is hereby repealed in its
entirety.
(c) Chapter 7, "Solicitation in Private Commercial Parking Areas", of Article 6,
"Public Welfare" of the Tustin City Code is hereby repealed in its entirety.
PASSED AND ADOPTED, at a regular meeting of the City Council of the City of
Tustin on this 15th day of May, 2012.
ATTEST:
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Y t3LIC21,
PAMELA STOKER,'-,
City Clerk
Ordinance No. 1412
Page 10 of 11
way
DAVID E. KENDIG,
City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ss.
CITY OF TUSTIN
CERTIFICATION FOR ORDINANCE NO. 1412
1, PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, does hereby certify that the whole number of the members of the City
Council of the City of Tustin is five; that the above and foregoing Ordinance No. 1412
was duly and regularly introduced and read at the regular meeting of the City Council
held on the 15th day of May, 2012, and was given its second reading, passed and
adopted at a regular meeting of the City Council held on the 5th day of June 2012, by
the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER;----)
City Clerk
Ordinance No. 1412
Page 11 of 11
Nielsen, Murray, Amante, Gavello, Gomez (5)
None (0)
None (0)
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