HomeMy WebLinkAbout18 PUB RIGHT-OF-WAY 10-03-94,,E ENDA
NO, 18
JATE:
OCTOBER 3, 1994
Inter-Com
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
OFFICE OF THE CITY CLERK
ORDINANCE NO. 1136, BOLICITATION IN 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 September 19, 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
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ORDINANCE NO. 1136
AN ORDINANCE OF THE CITY COUNCIL OF TEE CITY OF TUSTIN,
CALIFORNIA, RELATING TO SOLICITATION IN THE PUBLIC RIGHT-
OF-WAY AND PRIVATE COMMERCIAL PARKING AREAS
The City Council of the City of Tustin, California, does hereby
ordain as follows:
SECTION 1 Chapter 8 is hereby added to Article 5 of the
Tustin City Code to read as follows:
CHAPTER 8
SOLICITATION OF OCCUPANTS OF MOTOR VEHICLES
WITHIN THE PUBLIC RIGHT-OF-WAY
58OO
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:
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
hazards, 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
persons engaged in the solicitation
as well
5801 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 for, or of employment, the sale
of goods, services or other request
for funds; or any request, offer,
enticement or action which seeks to
purchase or sell goods or employ-
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Ordinance No.
Page 2
ment, 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 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.
5802
PROHIBITION OF SOLICITATION IN PUBLIC
RIGHT-OF-WAY STREETS AND MEDIANS
(a)
It shall be unlawful for any person,
while standing in any portion of the
public 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 traveling
in a vehicle along a public right-
of-way, including, but not limited
to public streets, highways or dri-
veways.
(b)
It shall be unlawful for any person,
while the occupant of any vehicle,
to solicit, or attempt 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.
SECTION 2. Chapter 6 is hereby added to Article 6 of the
Tustin City Code to read as follows:
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Ordinance No.
Page 3
CHAPTER 6
SOLICITATION IN PRIVATE COMMERCIAL PARKING
AREAS
6600
PURPOSE AND FINDINGS
The purpose of this chapter is to promote public
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-
ists.
(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 PARKING AREAS
(a)
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 area which is authorized by
the property owner or the property
owner's authorized representative
for such solicitations. This sec-
tion shall not apply tQ a solicita-
tion to perform employment or busi-
ness for the owner or lawful tenants
of the subject premises.
(b)
For purposes of this Section, "com-
mercial parking area" shall mean
privately owned property which is
designed or use primarily for the
parking of vehicles and which ad-
joins one or more commercial estab-
lishments.
(c)
This Section shall only apply to
commercial parking areas where the
following occurs:
Ordinance
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(2)
(3)
The owner or person 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-
tributions 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,
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 punishment as an
infraction or misdemeanor
to engage in the solici-
tation of money or other
property in areas of this
commercial parking lot
which are not approved
for such activity by the
property owner."
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Ordinance No.
Page 5
SECTION 3.
SEVERABILITY.
If any sentence, clause, phrase, or 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 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, clauses, phrases, or portions
thereof be declared invalid or unconstitutional.
PASSED AND ADOPTED, at a regular meeting of the City Council
for the City of Tustin on this day of 1994.
THOMAS R. SALTARELLI, Mayor
ATTEST:
MARY E. WYNN, City Clerk
(T56)