HomeMy WebLinkAbout15 SOLICITATION 09-19-94NO. 15
9-19-94
DATE:
September 13, 1994
Inter-Com
TO:
FROM:
SUBJECT:
WILLIAM A. ~UflTON, CITY MANAGER
CITY ATTORNEY
O~DINANCEREAATING TO SOLICITATION WITHIN THEPUBLIC RIGHT-OF.
WAY AND PRIVATE COM24ERC!AL PARKING AREAE
Emclosed for =he considcr&tlon of the city Coun~i
ord%nanc,, requested by Mayor 9to Tern Po=ts that prohlJit~s an
solmcita=mon of occupants of motor vehicles while such vshicle~ the
are
travelin~ in the public right-of-way (Section 1). The ordinance
also regulates, but does not prohibit, solicitation in private
commercial parking areas (Section 2). The proposed ordinanoe is
modeled after one in A~JOura Hills. The part of the ordinance
dealing with occupants of mo=or vehicles was upheld recently
agaln~t several oonstt~uuional challeng~s.~
When this ordinance was last considered.by the City Council,
we did no= include =he provision of =he Agoura Hills'
tha~ deals with the regulation of --~= .... °rdinagce
par~lng areas. Since private property owners alre&d
ability =o control their parking lots it wa ..... "- ~ hey= ~he
benefi~ woul~ be gained by City regulation. However,
Councilmembers thought such tubule=ion would be helpful and asked
that it be added.
Enclosure
cc: Christine Shingle=on, Assistant City Manager
W. D. Franks, Chief of Police
x Xilo4-Itzem V. City of A=oura Hillf~, 24 Cal.App.4th 620
(1994). The ~th~r par~ of ~he ordinance dealin~ with commercial
parking areas was not challenged.
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ORDINANCE NO. 1136
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, RELATIN~ TO EOLIC!TATIO2~ lq~ ~ P131~LIC RIG~IT-
OF-WAY AND PRIV~LTE COM2~RCIAL PA/LKING AR~AS
The City Council of the City of Tustin, California, does hereby
ordain as follows:
~ . Chapter 8 is hereby added to Article 5 of the
Tustin City Code to read a. follows:
CHAPTER 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)
(b)
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.
Distr&c~ed drivers are more prone to
have automobile accidents. Such
accidents further impede the orderly
flow of traffic and pose risks to
· per~ons engaged in the solicitazion
as well
5801 DEFINITIONS
Am umsd in this chapter the followin~ 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 fLLnds; or any request, offer,
enticement or action which seeks to
purchase or sell goods or employ-
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Ordinance No.
Page 2
5802
(b)
Ca)
men~, or to cause a contribution of
money or other property to be made.
A~ defined herein, a soliciu~ion
shall be deemed complete when made
whether or not an actual employment
relaLionship is created, a transac-
tion is completed, or an exchange of
money takes Dlace.
"Employment. shall mean and include
~ervlcQs, indu=try or labor p~r-
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 MEDIANS
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 driv,-
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 ocoupant 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
p~blic right-of-way, including, but
not limited to a public street,
highway, sidewalk, or driveway.
~. Chapter 6 is hereby added to Article 6 of the
Tustin City Code to read as follows:
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III
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Ordinance No.
Page 3
CHAPTER 6
EOLICITATION IN PRIVATE COMME~CI~ PARKING
6600
PURPOSE AND FINDINGS
The purpose of this chapter is =o promote public
safety by assisting owners of private commercial parking
areas to control solicitation of motorists and pedestri-
an~. This is necessary because:
(a)
The solicitation of motorists in
oommercial parking areas impedes the
flow of traffic and distracts motor-
ists.
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 AREA~
NO person shall solicit or attempt
~o solicit, ~mploymen~, 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 ~s authorized by
the property owner or the property
owner's authorized representative
for ~uch solicita~ions. This sec-
tion shall not apply to a solicita-
tion to perform employment or busi-
ness for =he owner or lawful tenants
of the subject premises.
(b)
For purposes of this Section, "com-
mercial parking area" shall mean
privately ow'ned 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:
0rdihance No.
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(i)
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-
~lone 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 d~si~nee ~o be
maintained in City files;
and,
The owner or person in
lawful possession of the
commercial parking area
has caused a notice to be
poste~ in a conspicuous
place at each entrance to
such commercial parking
area not less than eight-
teen by twenty-four inch-
es in size w~th lettering
not less than one inch in
height and not to exceed
in total area, mix squaru
feet. The notice shall
be in substantially the
followin~ form:
,"It is unlawful and ~uh-
Ject to punishment as an
infraction or misdemeanor
to en~a~e in ~he ~olici-
ration of money Or other
property in areas of ~his
commercial parking lot
which are not approved
for such activity by the
property owner."
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Ordinance No.
Page 5
SECTION
If any sentence, clause, phrase, or portion of this 0rdina~ce,
is got any reason held to be invalid or unconstitutional by the
decision of any court of competen~ jurisdiction, such decision
shall no= affect the validity of the remaining portions of this
Ordinance. The City Council of the City of Tustin hereby declare
that they would have adoDted thi~ Ordinance, an~ ~ch sect£on,
subsection, subdivision, sentence, clause, phrase, or portion
thereof, irrespective of the fact that any one or more sections,
subsections, subdivisions, sentences, clauses, p~rases, or portio~s
thereof be declared invalid or unconstitutional.
PASSED AND ADOPTED, at a regular meeting of
for the City of Tustin on this . day of
the City Council
, 1994.
THOMAS R. SALTARELLI, Mayor
ATTEST:
MARY E. WYNN, City Clerk