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Home My WebLink About15 SOLIC PUBLIC R OF W 10-17-94AGENDA NO. 15 10-17-94 Inter-eom DATE: TO: FROM: SUBJECT: WILLY. AMA. HUSTON, CITY ATT01INEY ORDINANCE NO. 1136, CITY MANAGER EOLICITATION IN PUBLIC RI=HT-OF-WA¥ Recommendatlo~: Mare first reading by title only of Ordinance No. 1136 Back,round: Ordlnan=~ NO. 1136 had ic~ fir~= reading and introduction at the September 19, 1994 City Council meeting. At the time of second reading, on October 3, 1994, the City Council requested revisions clarifying tha~ violations could be prosecuted either as infractions or misdemean- ors, and that mign~ be potted in the public right-of-way. It should be no=ed ~hat the posting of signs is already a required element of the enforcement provisions relating ~o Commercial parking =r~as. ORDINANCE NO. 1136 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CA3~IFOPd~IA, R~LATII~ TO EOLICITATION I~ T~E PUBLIC OF-WAY ALTO PRIVATE COMMERCIAL PARKING AREAS Lois E. Jef~re~p Attachment CC: Valerie Crabill, Chief Deputy City Clerk W. D. Franks, Chief of Police Christine Shingleton, Assistant City Manager 10-12-§4 12:20PM FROM ROURKE, WOODRUFF, S?RA TO TUS?iN CITY HALL P003/009 I 3 4 $ 6 ? lO 11 13 16 17 19 20 23 ~4 2~ 28 ORDINANCE NO. 1136 AI~ OP. DINANCE OF THE CITY COUNCIL OF THE CITY OP T~3STIN, CALIFORi~'/.A, P~ELATIN(] TO SOLICITATION IN THE PUBLIC RI~HT- OF-WAY AND PRIVATE COMMERCIAL PARKIN~ AREAS The City Council of the City of Tus~in, California, does hereby ordain as follows: SECTION I Chapter 8 is hereby added to Article 5 of the T~stin City Code to read as follows: CMAPTER 8 SOLICITATION OF OCCUPANTS OF MOTOR VEHICLES WITHIN THE PUBLIC RIGHT-OF-WAY 5800 PURPOSE AND FINDINGS The purpose of this 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: (a) The 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 ha~ardm, 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 Der~ons engaged ~n the ~olicitatlon as well ~01 DEFINITIONS As used in this chapter the following words shall have the following meanings: {a) "Solicit" shall mean and include any request, offer, enticement, or ac- tion which announces the availabili- ty ~or, or of employment, the sale of goods, services or other request for funds; or any request, offer, ~n~lce~en= or action which seeks uo purchase or sell goods or employ- Ordinance ~o. Page 2 '' I ment, or to cause a contribution of money or other property to be made. 3 As defined herein, a solicitation shall be deemed complete When made 4 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 I other compensation or under any contract of hire, r~tten, oral w 9 express or implied. ' I~ ~8D2 .DRO}{IBITION OF ~OLICITATION IH PUBLIC II RIGHT-OF-WAY STREETS AND MEDIANs 12 (a) It shall be unlawful for any person, while standing in any portion of the 13 public right-of-way, including but not limited to public streets, medi- 14 aris, highways, sidewalks and drive- ways, to solicit, or attempt to Is solicit employment, b ' ' ~/slnes~ or contributions of money or other property from any person traveling 16 in a veh.icle a.10ng a public right- I? of-way, Including, but not limited to public streets, highways or dri- 1~ Veways. 19 (b) It shall be unlawful for any person, while the occupant of any vehicle, tO solicit, or attemp~ to solicit 20 employment, business or contribu- tions of money or o. ther. Dr. operty 21 from a person who is within the public right-of-way, including, but ~ not limited to a public ~treet, ;~ highway, sidewalk, or rlveway. d ' 5803 VIOLATIONS ~4 Any violation of the provisions of this ordinance may be prosecuted as an infraction or a misdemeanor, pursuant to Tustin City Code Section 1121. /// /// 0rdinanca No. Page $ 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. ~. Chapter 6 is hereby added to Article 6 of the Tustin City Code to read as follows: cHAPTER 6 SOLICITATION IN PRIVATE COMMERCIAL PARKING 6600 pURPOSE AND FINDINGS The purpooe of ~his chapte, r is to prom, otc publ. i¢ safety by assisting owners of private commercial parking · areas 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 sollc~tatlo of pedestrians in commercial parking areas impedes motorists in finding parking spaces and safely exiting the parking area. 6610 PROHIBITION OF SOLICITATION IN UNAUTHORIZED LoCATION~ WITI4IN COMMERCIAL pARKINO AREAS (a) No person shall solicit or attempt ~o 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 area which i~ authorimecl by ~he property owner or the property owner' s authorized representative ~or such solicitasions. 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. For purposes of this Section, "com- mercial parking area" shall mean designed or uss primarily for the I 3 4 $ 6 ? I0 I1 12 13 15 ],~ 17 19 20 21 23 24 25 27 2a Ordinance No. Page 4 ~a~king of vehicles and which ad- ]olns one or more commercial estab~ lishments. This Section shall only apply to commercial parkin~ area~ where the following occurs: The owner or per,on in lawful possession of the commercial parking area establishes a written policy which provides area(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 =o such commercial parking a~ea not lees 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 punishment ac an infraction or misdemeanor to engage in the solici- tation of money or other property in areas of this 2 5 6 ? ! 10 12 14. !'7 19 20 21 23 24 2.5 2~ Ordinance No. Page 5 commercial parking lot which are not approved for such activity by =he proparty owner." 6611 VIOLATIONS 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, clause, phrase, o~ 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 ~he remaining portions of this Ordinance. The City Council of the City of Tustin hereby dec%are 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 thereof be declared invalid or unconstitutional. PA~SED A~D ADOPTED, at a rc~l/lar meeting of the City Counc for the City of Tustin on this day of .., 199~ THOMAS R. SALTARELLI, Mayor ATTEST: MARY E. WYNN, City Clerk