The URL can be used to link to this page

Home My WebLink AboutCC 16 SOLICITATION 11-07-94NO. 16 11-7-94 ,.~ATE: ,NOVEMBER 7, 1994 Inter-Corn TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER OFFICE OF THE CITY CLERK ORDINANCE NO. 1136, SOLICITATION IN THE PUBLIC RIGHT-OF-WAY RECOMMENDATION: Have second reading by title only and adoption of Ordinance No. 1136 (roll call vote). BACKGROUND: The following Ordinance No. 1136 had first reading and introduction at the October 17, 1994 City Council meeting: ORDINANCE NO. 1136 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, RELATING TO SOLICITATION IN THE PUBLIC RIGHT-OF- WAY AND PRIVATE COMMERCIAL PARKING AREAS Valerie Crabill Chief Deputy city Clerk I 2 4 ? 9 1! 12 ]$ 17 19 21 23 2~ 2~ ORDINANCE NO. 1136 AN OP. DINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, ~ALTFORNIA, I~ELATIN~ TO SOLICITATION IN THE PUBLIC RIG~IT- OF-WAY AND PRIVATE COMMERCIAL PARKING AREAS The City Council of the City of Tustln, California, does hereby ordain as follows: SECTION I Chapter S is hereby added to Article 5 of the Tustin City Code to read as follows: CHkPTER 8 SOLICITATION OF OCCUPANTS OF MOTOR VEHICLES WITHIN THE PUBLIC RIGHT-OF-WAY 5800 PURPOSE AND FINDINGS The purpose of thi~ chapter is to promote public traffic safety by prohibiting the solicitation of and by occupants of motor vehicles in the public right-of-way. The City finds and determines as follows: Th~ activity of soliciting employ- ment, business or contributions by or from occupants of motor vehicles distracts drivers from their primary duty to watch traffic and potential hazard~, observe traffic controls, and prepare to move through City streets. (b) Distracted drivers are more prone to have automobile accidents, such accidents further impede the orderly flow of traffic and pose risks to psr~on~ engaged in the eollcltatlon as well DEFINITIONS As used in this chapter the following words have the following meanings: "Solicit" shall mean and include any request, offer, enticement, or ac- tion which announces the availabili- ty ~o~, or of employment, the ~ale of goods, services or other request for funds; or any request, offer, en~lcemen~ or action which seeks co purchase or sell goods or employ- shall 1 ? 9 Io 14 ~6 19 ~? Ordinance No. Page 2 /// /// merit, or to cause a con~ributlon o~ money or other property to be made. As defined herein, a solicitation shall be deemed complete when made whether or not an actual employment relationship is created, a transac- tion is completed, or an exchange of money takes place. (b) "Employment" shall mean and include services, industry or labor per- formed by a person for wages or other compensation or under any contract of hire, written, oral, express or implied. PROHIBITION OF SOLICITATION IN PUBLIC 'RIGHT-OF-WAY STREETS AND MEDIARS (a) It shall be unlawful for any person, while standing in any portion of the Dublic right-of-way, including but not limited to public streets, medi- ans, highways, sidewalks and drive- ways, to solicit, or attempt to solicit, employment, business or contributions of money or other property from any person craveling in a vehicle along a public right- cf-way, including, but not limited to public streets, highways or dri- veway~. (b) It shall be unlawful for any person, while the occupant of any vehicle, go solicit, or a~emp~ to solicit employment, business or contribu- tions of money or other property from a person who is within the public right-of-way, including, but not limited to a public street, highway, sidewalk, or driveway. 5803 VIOLATIONS Any violation of the provisions of this ordinance may be prosecuted as an infraction or a misdemeanor, pursuant to ~stin City Code Section 1121. ! 2 ? 9 ~2 14 I? 2! 2~ :24 2~ 2~ ,28 Ordinance No. Page 3 5804 POSTING OF SIGNS The City shall post signs in the public right-of-way streets and medians to specially notify the public of the prohibitions and punishment authorized by this Chapter. SECTION 2. Chapter 6 is hereby added to Article 6 of the Tustin City Code to read as follows: CHAPTER SOLICITATION IN PRIVATE COMMERCIAL PARKING 6600 PURPOSE AND FINDINGS The purpose of this chapter is to promote public safety by assisting owners of private commercial parking · areaa to control solicitation of motorists and pedestri- ans. This is necessary because: (a) The solicitation of motorists in commercial parking areas impedes the flow of traffic and distracts motor- (b) The solicitation of pedestrians in commercial parking areas impedes motorists in finding parking spaces and safely exiting the parking area. 6610 PROHIBITION OF SOLICITATION IN UNAUTHORIZED LOCATIONS WITHIN COMMERCIAL PARKINC AREAS (a) (b) No person shall solicit or attempt to solicit, employment, business or contributions of money or other property, from a location within a commercial parking area other than an area within or served by such parking a~ea which i~ au=hori=e~ by the property owner or the property owner's authorized representative for such solicitations. This sec- tion shall not apply to a solicita- tion to perform employment or busi- ness for the owner or lawful tenants of the subject premises. Pot purposes of this Section, "com- mercial parking area" shall mean priv&~ely owned property which is designed or use primarily for the Ordinance No. Page 4 4 (c) $ ? 8 II 14 15 ]6 17 19 21 26 27 parking of vehicles and which adz joins one or more commercial estab- lishments. This Section ahall only apply to commercial parking area~ where the following occurs: The owner or person in lawful possession of the commercial parking area establishes a written policy which provides ar~a(s) for the lawful solicitation of employ- ment, business, or con- tribuDions Of money or other property, .in loca- tions which are accessi- ble to the public and do not interfere with normal business operations of the commercial premises; A copy of said policy is submitted to the City Manager or designee to be maintained in City files; and, (3) The owner or person in lawful possession of the commercial parking area has caused a notice to be posted in a conspicuous place at each entrance to such commercial parking area not less than eight- teen by twenty-four inch- es in size with lettering not less than one inch in height and not to exceed in total area, six square feet. The notice shall be in substantially the following form: "It is unlawful and sub- ject to punishmen~ a~ an infraction or misdemeanor to engage in the solici- tation of money or other property in areas of this ! 4 $ 7 ! ~0 I! 14 2~ 21 24 26 Ordinance No. Page 5 commercial parking lot which are not approved for such activity by the property owner." 6611 VZOLkTIONS Any violations of the provisions of this Ordinance may be prosecuted as an infraction or a misdemeanor, pursuant to Tustin City Code Section 1121. SEVERABILITY. If any sentence, clau~e, phrase, or portion of thi~ Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affecc the validity of the remaining portions of this Ordinance. The City Council of the City of Tustin hereby declare that they would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clau~e~, phra~e~, or portion~ thereof be declared invalid or unconstitutional. PASSED AND ADOPTED, at a r=~ular meeting of the City Counci for the City of Tustin on this day of , 1994. THOMAS R. SALTARELLI, Mayor ATTEST: MARY E. WYNN, City Clerk