HomeMy WebLinkAbout1996-12-10 - AGENDA REPORTS - SOLICITAION EMPLOYMENT PUBLIC (2)AGENDA REPORT
City Manager Approval
Item to be presente0y:
Kevin Tonoian
UNFINISHED BUSINESS
DATE: December 10,1996
SUBJECT: SOLICITATION OF EMPLOYMENT OR BUSINESS FROM -PUBLIC
STREETS WITHIN THE CITY PROHIBITED
ORDINANCE 96-37
DEPARTMENT: City Manager
BACKGROUND
At the November 26, 1996 City Council, staff introduced Ordinance 96-37 for the City Council's
consideration. This proposed ordinance would provide the City with the ability to regulate the
practice of soliciting for employment or business from within the public right of way.
As written, proposed Ordinance 96-37 shall make it unlawful for: I) any person standing within any
portion of the public right of way to solicit employment or business from any person traveling in a
vehicle along the public right of way; and 2) any person, while the occupant of any vehicle, to solicit
or attempt to solicit employment or business from any person who is within the public right of way.
The City Council passed proposed Ordinance 96-37 to second reading, with the understanding that
staff would conduct a follow-up survey of the businesses along San Fernando Road ninety days
following implementation to ascertain the effectiveness of this ordinance.
RECOMMENDATION
That the City Council waive. further reading, and adopt Ordinance 96-37.
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ATTACHMENT
Ordinance 96-37
Continued To:2- - 11--1
ORDINANCE NO. 96-37
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA CLARITA, CALIFORNIA,
AMENDING CHAPTER 11.37 OF THE SANTA CLARITA
MUNICIPAL CODE PROHIBITING THE SOLICITATION OF EMPLOYMENT OR
BUSINESS FROM PUBLIC STREETS WITHIN THE CITY
WHEREAS, the City Council does find that large groups of persons who solicit
employment, business or contributions on city streets, sidewalks, parkways, roadways, and
alleyways obstruct the orderly flow of pedestrian and motorized traffic, results in the delay and
obstruction of the public's free flow of travel, including but not limited to the distraction of
drivers from their primary duty to watch traffic and potential hazards in the road, observe all
traffic control signals and/or warnings and prepare to move through the city streets, intersections
and/or enters or exits from public or private parking areas; and
WHEREAS, distracted drivers are more . prone to automobile accidents and
accidents on the city streets constitute a substantial traffic safety problem, which further impedes
and prevents the orderly flow of traffic; and
WHEREAS, gathering and assemblage on city streets and sidewalks of persons
engaging in the practice of soliciting for employment or business, results in congestion and
blockage of the sidewalks and driveways when such persons approach vehicles next to the
sidewalk to negotiate and enter such vehicles; and
WHEREAS, to protect the public's health, safety and welfare, the City of Santa
Clarita has exercised, where necessary, control over the use of the public streets, sidewalks,
parkways, and roadways; and
WHEREAS, the cumulative impact of this type of activity on the City's public
streets, sidewalks, parkways and roadways has created a potential safety hazard, interferes with
the free use of motorists' and/or pedestrians and further poses a significant and substantial risk to
the interest of the public in the free flow of vehicular and pedestrian travel in the City.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES
ORDAIN AS FOLLOWS:
SECTION 1. Chapter 11.37.130 is hereby added to Title 11 of the Santa Clarita
Municipal Code to read as follows:
11.37.130 Legislative Purpose.
The legislative purpose of this chapter is to reasonably regulate the time, place and manner
of the solicitation of employment and/or business from pedestrians and occupants of vehicles on
the public right of way. These regulations are content neutral and are not intended and do not
restrict the right of free speech or alternative channels of communication, and are solely intended
to ensure the protection of the public health, safety and welfare.
SECTION 2. Chapter 11.37.140 is hereby added to Title 11 of the Santa Clarita Municipal Code
to read as follows:
11.37.140 Definitions.
For the purposes of this division the following meanings shall apply:
A) Solicit for or of employment - - shall mean and include the fallowing:
a) The act of soliciting, requesting or announcing by any means, including,
without limitation, by act or gesture, request, offer, enticement or any other
action which announces the availability for or of employment, the sale of
goods, or any request, offer, enticement or action which seeks to purchase
or secure goods or employment.
b) A solicitation as defined shall be deemed completed when made, whether
or not an actual employment relationship is created.
B) Employment - - shall mean the service, industry or labor performed by a person
for wages or other compensation or under any contract of hire, written or oral,
expressed or implied.
C) Business - - shall mean and include any type of product, goods, service,
performance or activity which is provided or performed or offered to be provided
or performed in exchange for money, labor, goods, or any . other form of
consideration.
D) Street - - shall mean a way or place of whatever nature, publicly maintained and
open for the use of the public for the purpose of vehicular travel.
E) Roadway - - shall mean that portion of the street which is improved, designed or
ordinarily used for vehicular traffic.
F) Sidewalk - shall mean that portion of the highway or street other than the
roadway, set apart by curbs, barriers, markings or other delineation which is used
principally for pedestrian travel.
G) Parkway - - shall mean that portion of a street or highway, other than the roadway
or the sidewalk. In general terms, the space between the street and the sidewalk.
H) Alley - - shall mean any highway or street not exceeding 25 feet in width which is
primarily used for access to the rear or side entrances of abutting property.
I) Vehicle - - shall mean a vehicle as defined in California Vehicle Cnde Sec. 670, as
the same reads or may hereafter be amended.
J) Person - - shall.mean any individual, company, corporation, association, business
or other legal entity.
K) Occupant - - shall mean a person who occupies a vehicle.
L) Pedestrian - - shall mean any individual who is utilizing a public street, sidewalk,
roadway, or alleyway while traveling without the benefit of any vehicle as defined
herein or traveling on a bicycle as defined by Sec. 11.37.140 of this code.
SECTION 3. Chapter 11.37. 150 is hereby added to Title 11 of the Santa Clarita Municipal Code
to read as follows:
11.37.150 Prohibition of Solicitation in Public Right -of -Way.
A. It shall be unlawful for any person, while standing in any portion of the public
right-of-way including a street, roadway, sidewalk, parkway, alley, highway, and
driveway, to solicitor attempt to solicit, employment or business from any person traveling
in a vehicle along a public right-of-way, including but not limited to a street, roadway,
sidewalk, parkway, alley or driveway.
B. It shall be unlawful for any person while the occupant of any vehicle, to solicit, or
attempt to solicit, employment or business from a person who is within the public right-of-
way, including any street, roadway, sidewalk, parkway, alley or driveway.
C This section does not apply to peddlers or any other vendors who have a permit
and/or license pursuant to Title 11, Chapter 11.37.020 of this Code.
SECTION 4. Chapter 11.37.160 is hereby added to Title 11 of the Santa Clarita Municipal Code
to read as follows:
11.37.160 Penalty.
Any person or occupant of a vehicle violating the provisions of this chapter shall be guilty
of a progressive infraction punishable as set forth in the Santa Clarita Municipal Code, Sections
1.01.200 and 1.01.230 thereof. Any person or occupant shall be deemed guilty of a separate
offense for each and every act of solicitation which is a violation of this chapter.
SECTION 5. If any section, subsection, 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 Santa Clarita hereby declares it would have adopted this ordinance
and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact
that any one or more sections, subsections, sentences, clauses, phrases or portions may be
declared invalid or unconstitutional.
SECTION 6. The City Clerk shall certify to the passage of this Ordinance and shall cause the
same to be published as required by law.
PASSED AND APPROVED this day of
19
MAYOR
ATTEST:
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF SANTA CLARITA )
I, George Caravalho, City Manager/City Clerk of the City of Santa Clarita, do hereby
certify that the foregoing Ordinance No. 96-37 was regularly introduced .and placed upon its first
reading at a regular meeting of the City Council on the day of ,
19_. That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the
City Council on the day of , 19 _ by the following vote,
to wit:
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NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
CITY CLERK
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