HomeMy WebLinkAbout23 SOLICIT AUTOS 08-01-94AGENDA___
NO. 23
8-1-94
I n t e r- C o rn
DATE: JULY 25, 1994
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
LOIS E. JEFFREY, CITY ATTORNEY
SOLICITATION OF OCCUPANTS OF MOTOR VEHICLES
Enclosed for the consideration of the City Council is an
ordinance requested by Mayor Pro Tem Potts that prohibits the
solicitation of occupants of motor vehicles while such vehicles are
traveling in the public right-of-way. The ordinance is modeled
after one in Agoura Hills.
We have deleted one provision of the Ago~ra Hills' ordinance
that deals with the regulation of solicitation in commercial
parking areas. In the Agoura Hills' ordinance, solicitation was
also prohibited in commercial parking areas (except within areas
specifically authorized by the property owner for such
solicitation). Since private property owners already have the
ability to control their parking lots, it is not clear what benefit
would be gained by City regulation. Furthermore, a blanket ban on
soliciting, except in authorized areas, could pose enforcement
questions when commercial parking areas for retail centers are used
for parking lot sales or promotional events. In the future, if
business owners desire this additional regulation from the City, it
can always be added to the City code.
LEJ:caS:D:O?/26/94:(T57)
Enclosure
cc: Christine Shingleton, Assistant City Manager
W. D. Franks, Chief of Police
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ORDINANCE NO. 1136
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, PROHIBITING SOLICITATION
OF OCCUPANTS OF MOTOR VEHICLES WITHIN THE PUBLIC
RIGHT-OF-WAY
The City Council of the city of Tustin, California, hereby
ordains 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:
(1)
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.
(2)
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:
(1)
"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
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Ordinance No. 1136
Page 2
for funds; or any request, offer,
enticement or action which seeks to
purchase or sell goods or employ-
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.
(2)
"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
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.
(2) 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 3. Severabilit .
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
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Ordinance No. 1136
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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)