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HomeMy WebLinkAbout1997-02-11 - ORDINANCES - EMPLOYMENT SOLICITATION (2)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, the 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 for 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 L_ 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. I� 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 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. MM19 CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) § CITY OF SANTA CLA_RITA ) 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 M sJOIq ; .