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HomeMy WebLinkAbout1997-02-11 - AGENDA REPORTS - SOLICITATION OF EMPLOYMENT (2)City Manager Approi Item to be presented Kevin Tonoian UNFINISHED BUSINESS DATE: February 11, 1997 SUBJECT: SOLICITATION OF EMPLOYMENT OR BUSINESS FROM PUBLIC STREETS WITHIN THE CITY PROHIBITED ORDINANCE 96-34 DEPARTMENT: City Manager At their November 26, 1996 regular meeting, the City Council conducted the first reading of proposed Ordinance 96-34, prohibiting the solicitation of employment or business from the public right-of-way. At the request of the City Council, this proposed ordinance. has been prepared in an effort to address community concerns that relate to the large groups of individuals who regularly seek out employment or business opportunities while standing in the City's right-of-way. Proposed ordinance 96-34 will 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. Additionally, any individual found to be in violation of this proposed ordinance will be subject to a "Progressive Infraction," punishable by a maximum fine of $250.00. As the City Council is aware, this proposed ordinance will impact many of the activities presently occurring in the public right-of-way, including the activities associated with day workers. At staffs request, the second reading of Ordinance 96-34 (originally scheduled for December 10, 1996) was continued so that additional research on this matter could be conducted before the City Council was asked to formally adopt this ordinance. Specifically, staff wanted to explore how the Sheriffs Department could potentially work in conjunction with the Department of Immigration and Naturalization (INS) to enforce this potential ordinance. Additionally, staff requested this additional time in order to develop an enforcement method and a public outreach program. The issue of day workers was discussed at the October 1, 1996 City Council Study Session. To address community concerns related to the issue of day workers, the City Council provided staff opted: Agenda Item: ®� with the following direction: 1) prepare an ordinance that could potentially address solicitation activities in the public -right-of-way; and 2) request assistance from the INS. Proposed Ordinance 96-34 could potentially impact the following solicitation -type activities occurring within the public right-of-way: ■Day Laborers ■High School Carwashes ■Businesses advertising specific services ■Flower Vendors -Individuals that (while traveling in a vehicle) offer employment or business opportunities to people who are standing in the public right-of-way It is important to note that this ordinance does not impact individuals standing on private property, nor does it impact specific vendors who have obtained a permit to operate within the public right-of-way (i.e. food vendors such as the ones found throughout the Valencia Industrial Center). Proposed Ordinance 96-34 has been developed in a fashion which regulates the time, place, and manner of the solicitation of employment or business opportunities within the public right-of- way. As evidenced by the above information, this ordinance will not single out any one specific type of individual or group when enforced by the Sheriffs Department. However, the City Council should note that, of the five impacted activities shown above, day laborers (and the individuals who attempt to hire them) will likely be the two groups of individuals impacted the most by this proposed ordinance. This assumption is based upon the fact that the number of individuals engaged in the activity of looking for work is more predominate than the other remaining four activities combined. Thus, it is reasonable to expect that a greater number of citations will be issued to individuals engaging in that specific type of activity. During the months of October and November of 1996, the INS conducted a series of operations in the City which resulted in the detainment of approximately 40 undocumented individuals and the potential investigation of approximately three (3) employers cited for hiring undocumented workers. Based upon the success of the INS operation, staff anticipates that.the Sheriffs Department will have the opportunity to enforce this proposed ordinance. both on their own, and with the assistance of the INS. Whether enforcing this ordinance on their own, or with the assistance of the INS, the nature of this proposed ordinance requires that Sheriffs deputies conduct this type of activity in a planned manner whereby a specific area(s) of the City is placed under surveillance. In order to successfully enforce and prosecute, Sheriffs deputies must first observe any type of solicitation that is occurring in the public right-of-way. Once an alleged illegal activity has occurred (i.e. someone picks up an individual and takes them to a work site); Sheriff officials can proceed and issue a citation to the persons found to be in violation of the ordinance. When enforcing this ordinance on their own, any individual suspected to be in violation of this ordinance will be questioned, cited and released by Sheriffs deputies on the spot. The type of citation issued will be much like a traffic ticket in the sense that they will be promising to appear in court on a later date. When an enforcement operation is conducted that includes both Sheriff and INS officials, persons who can not produce legal identification that documents their right to be in this country can be detained by the INS. Individuals detained by the INS will be afforded the opportunity to request an immigration hearing, or may choose to be immediately transported back to their native country. Finally, if the City Council chooses to adopt ordinance 96-34, staff will utilize the required thirty (30) day waiting period (before this ordinance can become legally enforceable) to conduct a public outreach program. Through this outreach program, staff would reach out to the community in the following manner: ■Press Releases/Featured Newspaper Stories ■Public Service Announcements on Channel 6 and 20 -Featured information in the Magazine of the Santa Clarita Valley ■Informational flyers in English and Spanish that would be distributed to specific individuals and groups that would be impacted by this ordinance ■Informational flyers (designed specifically for contractors) will also be placed at all public counters in City Hall, and distributed to local hardware stores. ■Finally, it is staffs recommendation that the Sheriff officials be directed to issue warnings to any and all individuals suspected to be in violation of this ordinance for a period of sixty (60) days following its potential enactment. That the City Council waive further reading, and adopt Ordinance 96-34. Ordinance 96-34 cdbg\soGctag.n2 ORDINANCE NO. 96-34 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,Ahe City Council does find that large groups of persons who solicit employment, business, or contribution 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 to 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, 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 for 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 improved, designated 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 Code 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: 11.3 7.150 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 and for 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, APPROVED AND ADOPTED this 11th day of February, 1997. 1 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) § CITY OF SANTA CLARITA ) I, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance No. 96-34 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 26th day of November, 1996. That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 11th day of February, 1997, by the following vote, to wit: AYES: COUNCILMEMBERS: Darcy, Heidt, Boyer, Smyth NOES: COUNCILMEMBERS: Klajic ABSENT: COUNCILMEMBERS: None CITY CLERK