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HomeMy WebLinkAbout2008-06-24 - AGENDA REPORTS - PEDDLERS SOLICITORS ORD (2)Agenda Item: CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR City Manager Approval: Item to be presented by: David Peterson DATE: June 24, 2008 SUBJECT: INTRODUCTION AND FIRST READING OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA AMENDING AND RESTATING CHAPTER 11.37 OF TITLE 11 OF THE CITY OF SANTA CLARITA MUNICIPAL CODE PERTAINING TO PEDDLERS AND SOLICITORS DEPARTMENT: Community Development RECOMMENDED ACTION City Council introduce and pass to second reading an Ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA AMENDING AND RESTATING CHAPTER 11.37 OF TITLE 11 OF THE CITY OF SANTA CLARITA MUNICIPAL CODE PERTAINING TO PEDDLERS AND SOLICITORS." BACKGROUND The current Municipal Code section pertaining to peddlers and solicitors is vague and provides little real enforcement power for the City's Community Preservation Officers as well as the Los Angeles County Sheriffs Department. In response to a growing number of complaints from the community, and at the request of the Los Angeles County Sheriffs Department (LASD), a team including City staff, the LASD and the City Attorney's Office worked cooperatively to develop new code language that will provide officers in the field with specific and tangible enforcement criteria. These changes will riot ban peddling and soliciting.in the City. Rather, they will place restrictions on these activities that will help reduce blight and protect public health and safety. Peddlers and solicitors cause concern for the community in a variety of ways. For peddlers, the sales of consumable products that are not prepared or stored properly can be a health risk to the community. For solicitors, their aggressive nature has resulted in numerous complaints to the Ordinance passed to Second reading LASD. Additionally, there is the potential of soliciting being linked to criminal activities, such as using the cover of soliciting to burglarize houses. Both Peddlers and solicitors can affect local businesses by detracting from sales of local merchants. Their presence on street corners or in center medians also interfere with traffic. The draft Ordinance language was presented to the following groups for review and comment: • The Newhall Redevelopment Committee • The Valle Del Oro Community Group • The Canyon Country Advisory Committee • The Santa Clarita Chamber of Commerce • The Valley Industrial Association Feedback received from these groups was incorporated into the draft Ordinance. All of the groups were supportive of the proposed language. The following additions and changes are proposed. For the sake of simplicity, note that "peddlers" generally refers to vendors who sell goods and products throughout the community from trucks, mobile carts, on foot, etc. and "solicitors" refers to door-to-door sales people. • Violations of the proposed code would rise from an infraction to a misdemeanor. • Peddling and soliciting would be prohibited on the public -right -of way with the exception of peddling from vehicles. Vending from carts or on foot would be prohibited in the public -right -of way. • Vehicles could spend no more than thirty (30) minutes at any given location within a six hour time period. • Only 10% of the food items sold from a vehicle could be non-prepared items (such as fruits, vegetables, etc.) • Each individual peddler must possess a valid permit. Blanket permits covering a group of individuals representing the same organization would no longer be issued. • Peddling and soliciting could only be conducted from 8 a.m. to sunset. Present language in the Municipal Code allows these activities to occur as late at 8:30 p.m. • Any peddler or solicitor'under 18 years of age must be accompanied by an adult. • No peddling or soliciting can be performed at any dwelling unit or commercial premise where a "no peddling or soliciting" sign has been posted. • Peddlers and solicitors are prohibited from engaging in aggressive or over persistent behavior with a person once that person has indicated they are not interested. • Peddlers and solicitors must leave the premises immediately if they are asked to do so. • All vehicles used for peddling must be parked at least 100 feet from an intersection to minimize impacts on traffic flow ALTERNATIVE ACTIONS Other action as determined by the City Council. FISCAL IMPACT The fiscal impact from the recommended action would result in legal fees associated with prosecuting new cases against peddlers and solicitors. It is difficult to estimate the number of cases that will be prosecuted. However, a majority of the legal fees assumed by the City would be recovered through the judicial process. ATTACHMENTS Ordinance ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA AMENDING AND RESTATING CHAPTER 11.37 OF TITLE 11 OF THE CITY OF SANTA CLARITA MUNICIPAL CODE PERTAINING TO THE REGULATION OF PEDDLERS AND SOLICITORS. THE CITY COUNCIL OF THE CITY OF SANTA CLARITA ORDAINS AS FOLLOWS: SECTION 1. Recitals: The City Council finds as follows: (a) The City has received numerous complaints from residents and businesses regarding the conduct and impact of peddlers and solicitors operating within the City. (b) These complaints generally fall into four distinct categories of local governmental interests: (1) protecting the privacy, safety and general welfare of residents, workers and guests; (2) promoting public traffic safety and the orderly movement of vehicles and pedestrians in public rights-of-way; (3) maintaining the aesthetic appearance and attractiveness of the City; and (4) protecting local merchants from unfair competition. (c) With respect to the City's interest in protecting the privacy, safety, and general welfare of residents, workers and guests, the City has received complaints regarding the conduct of peddlers and solicitors, including those who peddle or solicit door-to-door. These complaints have involved persons ignoring posted signs stating that the occupants desire not to receive solicitations, late night disturbances by peddlers and solicitors, misrepresentations or fraud in solicitations or sales, aggressive tactics, and the refusal to leave the premises when requested. (d) Individuals with criminal habits or tendencies often pose as peddlers or solicitors in order to survey property to determine whether it is occupied or accessible for entry for criminal purposes. The City is also experiencing problems with persons peddling in public rights-of-way. Peddling in such public rights-of-way distract drivers from their primary duty to watch traffic and potential hazards in the road, observe all traffic control signals or warnings, and prepare and move through city streets and other public rights-of-way. The practice of peddling on public rights-of-way and from occupants of vehicles obstructs and impedes the flow of traffic, creates traffic congestion, and poses a significant safety hazard to the peddler, drivers and passengers in other vehicles, and other persons using the public right-of-way including when persons enter into the right-of-way to make a sale or solicitation. The City and local merchants have made substantial investments in improving and maintaining the aesthetic attractiveness of public rights -of -ways and the facades and exteriors of commercial premises. Itinerant peddlers have made no such investments and can create visual clutter by congregating and operating in such rights-of-way. The City relies on a prosperous, stable merchant community for part of its tax base, and to serve local residents and visitors. Peddlers using public rights -of -ways for commercial peddling engage in such activities without payment of any rent or compliance with the type of regulations that merchants with a fixed place of business are subject to. This allows them to offer merchandise and other goods at lower prices, which results in unfair competition against merchants with a fixed place of business. The cumulative impact of this type of activity in public rights-of-way on a daily basis creates potential safety hazards and detriment to commercial business operations, which in turn pose a significant and substantial risk to the interest of the public in the free flow of travel in the city and to the general welfare of the community. Peddlers of prepared food products sold from motor vehicles, however, provide a unique service and convenience to residents, visitors, and workers. Some parts of the City are not conveniently served by food stores or restaurants, and such service reduces the number of vehicle trips that would otherwise be necessary if such prepared food products were not made available near a residence or work place. Although the City has historically required peddlers and solicitors to be licensed through its adoption by reference of Title 7 of the Los Angeles County Code pertaining to business licensing regulations, the applicable provisions of the County Code do not fully address some of the problems that have arisen in the City with respect to the manner in which peddling and soliciting has been conducted. Under its police powers, the City Council desires to enhance the City's peddling and soliciting regulations in order to (1) further protect the privacy and general welfare of residents, workers and businesses; (2) promote public traffic safety and the orderly movement of vehicles and pedestrians in public rights-of-way; (3) maintain the aesthetic appearance and attractiveness of the City; and (4) protect local merchants from unfair competition whose rent and taxes contribute to the welfare and economy of the City. The regulations to be codified in Chapter 11.37 constitute reasonable restrictions regarding the time, location and manner of peddling and soliciting, are intended solely to address the secondary effects associated with such peddling and soliciting, are not intended to restrict or limit any speech based on content or viewpoint, allow for alternative channels of communication, and are intended to further the city's interest in protecting the public health, safety and welfare. 2 SECTION 2. Adoption of Chapter 11.37. Chapter 11.37 of Title 11 of the City of Santa Clarita Municipal Code is amended and restated to read as follows: "Chapter 11.37 PEDDLERS AND SOLICITORS 11.37.010 Definitions. 11.37.020 License required. 11.37.030 Exemptions. 11.37.040 Claims of exemption. 11.37.050 General soliciting regulations. 11.37.060 Commercial peddling prohibition on public rights-of-way. 11.37.070 General peddling regulations. 11.37.080 Peddlers of prepared food products from motor vehicles permitted. 11.37.010 Definitions. For purposes of this chapter, the following definitions apply: "Charitable purpose" means any tax exempt purpose or function as specified in Article I of Chapter 4 of the California Revenue and Taxation Code (Sections 23701 and following). "Commercial peddling" means any peddling that is not for a charitable purposes or does not involve expressive merchandise. "Expressive merchandise" means merchandise bearing an express or obvious ideological, philosophical, political, or religious message that is inextricably intertwined with other forms of protected expression as recognized under the California Constitution or the United States Constitution. "Fixed place of business" means the premises in the city occupied for a period of not less than 60 days for the particular purpose of conducting business, and regularly kept open for at least 20 hours every week. "Peddle" or "Peddling" means to sell and make immediate delivery, or offer for sale and immediate delivery any edible product, goods, merchandise, ware or thing, in possession of the seller, at any place within the city other than from a fixed place of business. "Peddler" means any person who peddles as defined in this section. "Person" means an individual. "Prepared food products" means any liquids or edibles for human consumption that are prepackaged or in sealed containers, or are prepared for consumption at the location of the sale. For the purposes of Section 17.37.080, the term "prepared food products" includes the incidental sale of fruits and vegetables that are not prepackaged or in sealed containers provided that such fruits and vegetables consist of no more than 10% of the peddler's total prepared food products offered for sale. "Public right-of-way" means the area dedicated to public use for street or pedestrian purposes including privately owned and maintained roads within the city that are generally held open to the public for purposes of vehicular and pedestrian traffic and includes alleys, driveways, highways, medians, parkways, planter strips, roads, sidewalks, and streets. "Solicit" or "soliciting" means to: 1. Sell or take orders or offer to sell or take orders, for any edible product, goods, merchandise, ware or thing, for future delivery, or for services to be performed; or 2. Distribute advertising material or samples; or 3. Request contributions, either directly or indirectly; at any place within the city other than a fixed place of business. "Solicitor" means a person who solicits as defined in this section. To the extent any of the definitions in this section conflict with the definitions contained in Title 7 of the Los Angeles County Code, which the city has adopted by reference in Chapter 5.02 of this code, the definitions in this section will control. 11.37.020 License required. A. Peddlers and Solicitors License. No person may peddle or solicit unless such person has a valid peddler's or solicitor's license, as applicable, issued by the County of Los Angeles on behalf of the city under Title 5 of this code and Title 7 of the Los Angeles County Code. B. Health Permit for Peddlers of Prepared Food Products. In addition to the required peddler's permit, any person that peddles prepared food products must also obtain any applicable health permit issued by the County of Los Angeles on behalf of the city. B. Possession of License. Every peddler or solicitor must maintain an original copy of their peddler's or solicitor's license on their person at all times while peddling or soliciting, and, upon request, must show such license to any city code enforcement or law enforcement officer, or any person to whom they are peddling or soliciting. 11.37.030 Exemptions. rd The provisions of this chapter do not apply to: A. Soliciting conducted solely by means of facsimile machines, the Internet, newspapers, magazines, radio, television broadcasts, telephone, or through the United States mail. B. Charitable soliciting that is conducted among the members of the soliciting group by other members, whether at regular assemblies, services or otherwise. C. Soliciting on premises owned or controlled by the solicitor. D. Soliciting that is subject to disclosure under state or federal political disclosure laws. E. Soliciting by commercial sales agents or representatives selling goods wholesale to dealers for resale, or to manufacturers for manufacturing purposes, or to bidders for public works or supplies. F. Farmers selling farm products produced by them. 11.37.040 Claims of exemption. Any person claiming to be exempt from any of the provisions of this chapter, including the licensing requirements, must cite to the city's Director of Community Development or designee the statute or other legal authority under which such exemption is claimed and present proof of qualification for such exemption. 11.37.050 General soliciting regulations. Solicitors must comply with the following regulations when soliciting: A. Hours. Except as otherwise authorized under this code, soliciting may only take place between the hours of eight a.m. and sunset. B. Minors. Any solicitor under the age of 18 years must be accompanied by an adult who holds a valid solicitor's license in accordance with Section 11.37.020. C. Premises Posted for No Soliciting. No soliciting is permitted at any house, apartment or other dwelling unit, or at any commercial premise where a sign is displayed in public view indicating "no solicitors or peddlers" or there is a similar indication that no soliciting is desired by the owners or occupants or the premises, except with the prior consent or at the invitation of the owners or occupants . D. Aggressive Solicitation. No solicitor may persistently and importunely engage in soliciting with a person after that person has indicated that he or she is not interested in the solicitation. E. Refusal to Leave Premises. No solicitor may refuse to leave any residential or 5 commercial premise when requested to leave by an owner, occupant, or responsible person for such premise. F. Obstruction of Movement. No solicitor may intentionally and deliberately obstruct the free movement of any person on any public right-of-way or other public place, or any place open to the public generally. 11.37.060 Commercial peddling prohibition on public rights-of-way. Except as otherwise authorized under this code, including the issuance of any applicable temporary, special, or conditional use or event permit, no person may engage in commercial peddling on any public right-of-way in the city. 11.37.070 General peddling regulations. Peddlers must comply with the following regulations when peddling: A. Hours. Except as otherwise authorized under this code, peddling may only take place between the hours of eight a.m. and sunset. B. Premises Posted for No Peddling. No peddling is permitted at any house, apartment or other dwelling unit, or at any commercial premise where a sign is displayed in public view indicating "no solicitors or peddlers" or there is a similar indication that no peddling is desired by the owner or occupant or the premises, except with the prior consent or at the invitation of the owner or occupant. C. Aggressive Peddling. No peddler may persistently and importunely engage in peddling with a person after that person has indicated that he or she is not interested in the things being peddled. D. Refusal to Leave Premises. No peddler may refuse to leave any residential or commercial premise when requested to leave by an owner, occupant, or responsible person for such premise. E. Obstruction of Movement. No peddler may intentionally and deliberately obstruct the free movement of any person on any public right-of-way or other public place, or any place open to the public generally. 11.37.080 Peddlers of prepared food products from motor vehicles permitted. A. Peddling of prepared food products is permitted from motor vehicles used for the transportation or preparation of such prepared food products when conducted on public streets, but not including public sidewalks or parkways. B. The parked location of a motor vehicle used for the peddling of prepared food products on must be at least 100 feet from an intersection to minimize impacts on traffic flow and the potential obstruction of sight lines and observation. The opening of the motor vehicle from which sales are made must face the sidewalk or such other direction so that customers are not required to stand in the vehicular right-of-way. C. A person peddling prepared food products from motor vehicles may not remain in any one location for the purposes of peddling, or any other location less than one-half mile from the same location, for more than 30 minutes during any six -hour period. D. During the period of such peddling, the peddler must maintain the location in a neat, sanitary and hazard -free condition, and pick up and dispose of in a sanitary manner all debris, garbage or litter that is left by any customer of the peddler. E. No peddling of prepared food products from motor vehicles is permitted within 1,000 feet from any school property boundary while children are going to or leaving such school during opening or closing hours, or during the noon or lunch-time recess period. SECTION 3. Violation — Penalty. A violation of Chapter 11.37 constitutes a misdemeanor, and will be subject to the applicable penalties under Chapter 23.10 of the Santa Clarita Municipal Code in addition to any other applicable penalties or remedies. SECTION 4. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 5. Direction to Enforcement Personnel. Prior to commencement of the enforcement of the provisions of this ordinance, the City Attorney's office is directed to meet with representatives of the city's law enforcement agency and city code enforcement officers to explain the definitions and distinctions between peddling for "charitable purposes" or involving "expressive merchandise," and "commercial peddling" to ensure that the enforcement of this ordinance is consistent with controlling legal authority regarding applicable protections afforded such expressive speech or activities. The City Attorney's office is also directed to prepare a written policy statement incorporating these points. SECTION 6. Publication. The City Clerk is directed to cause this ordinance to be published in the manner required by law. PASSED, APPROVED AND ADOPTED this day of 52008. 7 Mayor ATTEST Sharon Dawson, City Clerk COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance No. 07ma was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the EM day of *jam*, 2007. That thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City Council on the EM day of , 2007, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: AND I FURTHER CERTIFY that the foregoing is the original of Ordinance No. and was published in The Signal newspaper in accordance with State Law (G.C. 40806). CITY CLERK X STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) CERTIFICATION OF CITY COUNCIL ORDINANCE I, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that this is a true and correct copy of the original Ordinance No. 07 `` , adopted by the City Council of the City of Santa Clarita, CA on �**_*,K M 2007, which is now on file in my office. Witness my hand and seal of the City of Santa Clarita, California, this day of , 20—. Sharon L. Dawson, CMC City Clerk By Susan Caputo Deputy City Clerk 10