HomeMy WebLinkAboutORD 1136 (1994) 1 ORDINANCE NO. 1136
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
3 CALIFORNIA, RELATINGTO SOLICITATION IN THE PUBLIC RIGHT-
OF-WAYAND PRIVATE COMMERCIAL PARKING AREAS
4
S The City Council of the City of Tustin, California, does hereby
ordain as follows:
6
SECTION 1 Chapter 8 is hereby added to Article 5 of the
7 Tustin City Code to read as follows:
CHAPTER 8
9 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 byprohibiting the solicitation of and by
occupants of motor vehicles in the public right-of-way.
The City finds and determines as follows:
14 (a) The activity of soliciting employ-
ment, business or contributions by
ms or from occupants of motor vehicles
distracts drivers from their primary
m6 duty to watch traffic and potential
hazards, observe traffic controls,
]7 and prepare to move through City
streets.
18
(b) Distracted drivers are more prone to
]9 have automobile accidents. Such
accidents further impede the orderly
20 flow of traffic and pose risks to
persons engaged in the solicitation
2! as well
5801 DEFINITIONS
23 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-
26 ty for, or of employment, the sale
of goods, services or other request
27 for funds; or any request, offer,
enticement or action which seeks to
28 purchase or sell goods or employ-
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, ordriveway.
5803 VIOLATIONS
Any violation of the provisions of this ordinance
may be prosecuted as an infraction or a misdemeanor,
pursuant to Tustin City Code'Section 1121.
/n
III
Ordinance No.
Page 3
2 5804 POSTING OF SIGNS
3 The City shall post signs in the public right-of-way
streets and medians to specially notify the public of the
4 prohibitions and punishment authorized by this Chapter.
s SECTION 2. Chapter 6 is hereby added to Article 6 of the
Tustin City Code to read as follows:
CHAPTER 6
7
SOLICITATION IN PRIVATE COMMERCIAL PARKING
9 6600 PURPOSE AND FINDINGS
1o The purpose of this chapter is to promote .public
safety by assisting owners of private commercial parking
1! areas to control solicitation of motorists and pedestri-
ans. This is necessary because:
(a) The solicitation of motorists in
13 commercial parking areas impedes the
flow of traffic and distracts motor-
14 ists.
15 (b) The solicitation of pedestrians in
commercial parking areas impedes
16 motorists in finding parking spaces
and safely exiting the parking area.
|7
6610 PROHIBITION OF SOLICITATION IN UNAUTHORIZED
18 LOCATIONS WITHIN COMMERCIAL PARKING AREAS
19 (a) No person shall solicit or attempt
to solicit, employment, business or
20 contributions of money or other
property, from a location within a
2! commercial parking area other than
an area within or served by such
22 parking area which is authorized by
the property owner or the property
23 owner' s - authorized representative
for such solicitations. This sec-
24 tion shall not apply to a solicita-
tion to perform employment or busi-
25 ness for the owner or lawful tenants
of the subject premises.
26
(b) For purposes of this section, -com-
27 mercial parking area" shall mean
privately owned property which is
28 designed or use primarily for the
Ordinance No.
Page 4
]
2 parking of vehicles and which ad-
joins one or more commercial estab-
3 lishments.
4 (c) This Section shall only apply to
commercial parking areas where the
S following occurs:
6 (1) The owner or person in
lawful possession of the
7 commercial parking area
establishes a written
8 policy which provides
area(s) for the lawful
9 solicitation of employ-
ment, business, or con-
|0 tributions of money or
other property, in loca-
l] tions which are accessi-
ble to the public and do
]2 not interfere with normal
business operations of
]3 the commercial premises;
]4 (2) A copy of said policy is
submitted to the City
~5 Manager or designee to be
maintained in City files;
16 and,
17 (3) The owner or person in
lawful possession of the
18 commercial parking area
has caused a notice to be
19 posted in a conspicuous
place at each entrance to
20 such commercial parking
area not less than eight-
2! teenby twenty-four inch-
es in size with lettering
22 not less than one inch in
height and not to exceed
23 in total area, six square
feet. The notice shall
24 be in substantially the
following form:
"It is unlawful and sub-
26 ject to punishment~as an
infraction or misdemeanor
27 to engage in the solici-
tation of money or other
28 property in areas of this
Ordinance No.
Page 5
2 commercial parking lot
which are not approved
3 for such activity by the
property owner.-
4
6611 VIOLATIONS
Any violations of the provisions of this Ordinance
6 may be prosecuted as an infraction or a misdemeanor,
pursuant to Tustin City Code Section 1121.
7
SECTION 3. SEVERABILITY.
8
If any sentence, clause, phrase, or portion of this Ordinance,
9 is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision
]e shall not affect the validity of the remaining portions of this
Ordinance. The City Council of the City of Tustin hereby declare
1! that they would have adopted this Ordinance, and each section,
subsection, subdivision, sentence, clause, phrase, or portion
!2 thereof, irrespective of the fact that any one or more sections,
subsections, subdivisions, sentences, clauses, phrases, or portions
13 thereof be declared invalid or unconstitutional.
14 PASSED AND ADOPTED, at a regular meeting of the City Council
for the City of Tustin on this 7th day of November, 1994. 1994
15 ' '
THOMAS R. S
17
IS ATTEST:
19 ~/~ ~4 '
20 ? E'. WYNN, City Clerk
2~
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City of Tustin
ORDINANCE CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
ORDINANCE NO. 1136
Mary E. Wynn, City Clerk and ex-officio Clerk of the City Council of
the City of .Tustin, California, does hereby certify that the whole
number of the members of the City Council of the City of Tustin is
five; that the above and foregoing Ordinance No. 1136 was introduced at
a regular meeting of the City Council held on October 17, 1994 and was
passed and adopted at a regular meeting of the City Council held on
November 7, 1994, by the following vote:
COUNCILMEMBER AYES: Saltarelli, Potts, Doyle, Thomas, Worley
COUNCILMEMBER NOES: None
COUNCILMEMBER ABSTAINED: None
COUNCILMEMBER ABSENT: None
Valerie Crabill, Chief Deputy City Clerk
for Mary E. Wynn, City Clerk