HomeMy WebLinkAbout1996-11-26 - AGENDA REPORTS - SOLICITATION EMPLOYMENT PUBLIC (2)AGENDA REPORT
NEW BUSINESS
DATE: November 26, 1996
City Manager Approv
Item to be presented
Kevin Tonoian
SUBJECT: SOLICITATION OF EMPLOYMENT OR BUSINESS FROM PUBLIC
STREETS WITHIN THE CITY PROHIBITED
ORDINANCE 96-37
DEPARTMENT: City Manager
BACKGROUND
At the October 1, 1996 Study Session, the City Council reviewed and discussed information
concerning the common practice associated with large groups of persons who solicit for employment
opportunities while standing within the City's right of way or as an occupant in a motor vehicle.
At that time, the City Council found that the cumulative impact of this type of activity posed a
significant and substantial risk to the interest of the public in the free flow of vehicular and pedestrian
travel in the City. Based upon these concerns, the City Council directed staff to prepare an ordinance
that addressed these safety concerns.
The issue of pedestrian and vehicle safety first arose back in August of this year, when City staff
conducted a field survey of the City's day laborer population. During this survey, staff observed
several motorists who were seeking workers to employ pull over to the side of the road. The safety
concerns inherent in these types of activities have been observed for many years by the community.
Concerns include the obstruction of sidewalks, driveways, streets, and public right of ways.
Individuals seeking employment from passing motorists have been observed "swarming" vehicles and
creating unsafe conditions for the vehicles, themselves and other pedestrians.
To address these inherent safety concerns, City staff has drafted proposed Ordinance 96-37 for the
City Council review. This ordinance has been developed to reasonably regulate the time, place and
manner of the solicitation of employment within the public right of way. These actions are not
intended and do not restrict the right of free speech. Simply stated, Ordinance 96-37 is solely
intended to ensure the protection of the public health, safety and welfare.
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Agenda Item:-/-'
As written, proposed Ordinance 96-37 shall make it unlawful for: 1) 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.
This section does not apply to peddlers or any other vendors who have a permit and/or license from
the City that permits this type of activity. Additionally, it is important to note that this ordinance does
not prohibit individuals from soliciting employment while standing upon private property.
If adopted by the City Council, any person or occupant of a vehicle acting in violation of Ordinance
96-37 will be cited by the Los Angeles County Sheriffs Department and subject to a progressive
infraction. Depending on the specific circumstances, this type of monetary fine (as outlined within
Section 1.01.230 of the Santa Clarita Municipal Code) ranges from $50.00 for a first offense, up to
a maximum of $250.00 for a third offense during one consecutive year.
RECOMMENDATION
That the City Council review, waive further reading, and pass Ordinance 96-37 on to second reading
on December 10, 1996.
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ATTACHMENT
Ordinance 96-37
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 following:
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 sode 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 solicit or 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
andlor 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:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
CITY CLERK
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