HomeMy WebLinkAbout2015-04-28 - AGENDA REPORTS - AMEND TO MUNICIPAL CODE (2)Agenda Item: 9
CITY OF SANTA CLARITA
AGENDAREPORT
NEW BUSINESS
CITY MANAGER APPROVAL:
DATE: April 28, 2015
SUBJECT: AMENDMENTS TO THE CITY'S MUNICIPAL CODE TO
INCLUDE: AMENDING CHAPTER 5.08 (MASSAGE); AMENDING
CHAPTER 9.50 (TOBACCO CONTROL); AND ADDING CHAPTER
35 (AGGRESSIVE SOLICITATION) TO TITLE I I
DEPARTMENT: Community Development
PRESENTER: Jessica Frank
RECOMMENDED ACTION
City Council:
1. Introduce and pass to second reading an ordinance entitled, "AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING
CHAPTER 5.08 (MASSAGE) OF THE SANTA CLARITA MUNICIPAL CODE."
2. Introduce and pass to second reading an ordinance entitled, "AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, PROTECTING
PUBLIC HEALTH, SAFETY, AND WELL-BEING BY AMENDING CHAPTER 9.50
(TOBACCO CONTROL) OF THE SANTA CLARITA MUNICIPAL CODE."
3. Introduce and pass to second reading an ordinance entitled, "AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, ADDING
CHAPTER 35 TO TITLE 11, PUBLIC PEACE AND WELFARE, OF THE SANTA
CLARITA MUNICIPAL CODE CONCERNING AGGRESSIVE SOLICITATION AND
SOLICITATION AT SPECIFIC LOCATIONS."
BACKGROUND
The Santa Clarita Municipal Code is occasionally updated to address issues that develop within
the community or to be consistent with new state or federal legislation. There are changes to
three titles being proposed as part of this Municipal Code update, including amendments to two
existing chapters and the addition of one new chapter. On March 31, 2015, the proposed
Municipal Code amendments were presented and discussed at the Development Subcommittee
meeting with committee members Mayor Pro Tern Kellar and Councilmembei Boydston.
ordinance passed to Vage I
APPROU, r_3 Second reading ,Continued To:-oncwoc(oct fy� I — Packet Pg. 93
All changes in this update are a result of multi -divisional City staff coordination, including the
Parks, Recreation, and Community Services Department, Community Development Department,
Administrative Services Department, and the Sheriff's Department.
SUMMARY OF PROPOSED MUNICIPAL CODE CHANGES
The following is a summary of the proposed chapter amendments and addition.
Chapler 5.08 - massmlye
In September of 2014, the California State Assembly approved Assembly Bill 1147. This bill
prohibits the City from regulating massage practitioners, as they are regulated by the California
Massage Therapy Council. The bill restores some of the regulatory power to the City by
allowing for continued regulation of massage business owners and the ability to regulate hours of
operation for massage businesses.
Information received from the Sheriff s Department and the Community Preservation Division
indicate that illicit activities associated with massage parlors tend to occur in the late night and
early morning hours. City staff has researched hours of operation limitations established at
numerous benchmark cities, in addition to completing a window survey of over 20 existing
massage businesses in the Santa Clarita Valley. Staff recommends the limiting of massage
businesses hours of operation to between 7:00 a.m. to 10:00 p.m. in an effort to deter illegal
activities, while not conflicting with typical operating hours of legitimate massage businesses,
These hours mirror those adopted for massage businesses in other cities, including Pasadena,
Ventura, Glendale, and Palmdale.
The proposed updates to this chapter include: 1) removing code language that regulates
individual inassagge therapists; and 2) restricting massage businesses' hours oroperation to
between 7:00 a.m. to 10:00 p.m.
Chapter 9.50 - Tobocco Control
As the popularity of electronic (e-) cigarettes and electronic smoking devices (ESD) grows, City
staff and the Sheriff"s Department have received an increasing number of complaints about the
use of ESDs in public areas, including on buses and in parks. Questions about the health effects
of the vapor expelled from ESDs remain unanswered, as research on the devices is in its infant
stages; however, a recent study, published in the New England.lournal qfMeilicine, found that
the vapor can have high levels of formaldehyde, a known carcinogen.
While the Federal Drug Administration has not made legal determinations regarding these
devices, the State of California has legislation drafted, but not yet adopted, to regulate them. The
California Department of Health has declared e -cigarettes a public health risk, and the California
Department of Education has encouraged schools to adopt policies that prohibit ESDs on district
property. In addition, there are over 60 cities and counties in California that have already passed
some regulation regarding ESDs.
Currently, the Municipal Code prohibits smoking in City facilities, parks, workplaces, and other
public places-, however, ESDs are not defined in the Municipal Code as smoking. The proposed
changes to the Municipal Code will define the use of all forms of ESDs as smoking.
Page 2
Packet Pg. 94
In addition, a change is proposed to ensure the Municipal Code section that prohibits smoking in
restaurants and bars is consistent with California Labor Code § 6404.5.
Chapter 11.35 -&�Ygressive Solicitation andSolicilation at Specific Location
With an increasing homeless population within the City, panhandlers and solicitors are becoming
a growing problem. The Sherifr-s Department received a total of 48 complaining calls regarding
aggressive solicitation in 2014. While solicitation is a protected First Amendment right,
aggressive solicitation is not. In responding to complaints, Sheriffs Deputies are currently
limited on what actions they can take to address grievances, as the Santa Clarita Municipal Code
currently only regulates commercial aggressive solicitation. While it is a misdemeanor under the
California Penal Code (Section 647(c)) to accost other persons in a public place for the purposes
of begging or soliciting, offenders who are prosecuted through the District Attorney's Office
often have charges dismissed or are given lenient penalties.
A new chapter in the Municipal Code is proposed to prohibit any type of aggressive solicitation
and to provide a way for the City to prosecute offenders. Also, since the courts have upheld
Support for ordinances that prevent solicitation in specific sensitive locations or those that create
a captive audience for a solicitor, this new chapter will also include restrictions to solicitation in
sensitive areas.
There are four main provisions to this chapter.
I . Prohibition of solicitation within a public place that is aggressive, coercive,
intimidates, or causes fear for harm.
2. Prohibition of solicitation in sensitive areas. Sensitive,areas include: within 30 feet
of any bank, automatic teller machine (ATM), bus, bus stop, or public transportation
facility.
3. Prohibit any person from soliciting on private property if the owner, tenant, or legal
Occupant has asked the.person to not solicit or has posted signs indicating solicitation
is not permitted on the property. The definition of "private property" is any land not
owned by the government or designated for public use as a public place. Private
property where the public or a substantial group of persons has access is not
considered private property in this instance. This provision would not prevent the
solicitation from occurring in public places such as shopping centers or business
establishments.
4. Establish a process where violators may be prosecuted by the City Attorney's office.
ENVIRONMENTAL
The proposed project is exempt from the California Environmental Quality Act (CEQA) under
Section 15061 (b)(3). The project is exempt from CEQA because the activity is covered by the
general rule that CEQA applies only to projects which have the potential for causing a significant
effect on the environment.
.ALTERNATIVE ACTIONS
Other action as determined by the City Council.
Page 3
Packet Pg 95
F�--
FISCAL IMPACT
Implementation of the proposed ordinances will be administered by the existing stafl-of the
Planning Division, Community Preservation Division, Building & Safety Division, and the
Sheriffs Department.
ATTACHMENTS
Ordinance - Chapter 5.08 Municipal Code Amendments (Massage)
Exhibit A - Redlined Chapter 5.08 (Massage)
Ordinance - Chapter 9.50 Municipal Code Amendments (Tobacco Control)
Exhibit A - Redlined Chapter 9.50 (Tobacco Control)
Ordinance - Adding Chapter 35 (Aggressive Solicitation) to Title I I of the Municipal Code
Page 4
Packet Pg
ORDINANCE NO
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ai
.S
SANTA CLARITA, CALIFORNIA, AMENDING CHAPTER 5.08 (MASSAGE)
M
OF THE SANTA CLARITA MUNICIPAL CODE
WHEREAS, there is substantial research that indicates that the skillful practice of
i7L
massage can provide many health benefits, including relief of pain from disease, injury, and
other sources, and that massage can be a valuable component of a wellness program; and
CL
WHEREAS, in 2008 the California Legislature passed Senate Bill 731 which added
Chapter 10.5 to the California Business and Professions Code, which provided for the formation V
0
of a nonprofit Massage Therapy Organization to oversee ' a state -sanctioned program of voluntary L)
certification for massage practitioners so that such persons could avoid being required to obtain
local massage permits; and
WHEREAS, in September 2014, the State Legislature adopted Assembly Bill 1147,
amending laws enacted by Senate Bill 731 and various amendments thereto. making changes to
the regulatory power of cities for massage establishments or businesses; and
WHEREAS, the City desires to amend sections of the Santa Clarita Municipal Code to
conform to State law: and
WFIERFAS, the City may adopt and enforce local business licensing and reasonable
health and safety requirements, including hours of operation for massage establishments or
businesses.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Amendment of Chapter 5.08. Chapter 5.08 of the Santa Clarita Municipal
Code entitled "Massage" is hereby amended to read in its entirety as shown in Exhibit A, which
is attached hereto and incorporated herein by this reference.
SECTION 2. If any section, subsection, sentence, Clause, phrase, part, or portion of this
Ordinance is for any reason held to be invalid or unconstitutional by any court of competent
Jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council declares that it would have adopted this Ordinance and each
section, subsection, sentence, clause, phrase, part, or portion thereof, irrespective of the fact that
any one or more section, subsections, sentences, clauses, phrases, parts, or portions be declared
invalid or unconstitutional.
SECTION 3. This Ordinance shall become effective thirty (30) days after its passage
and adoption.
Packet Pg. 97
PASSED, APPROVED, AND ADOPTED this 12 lh day of May, 2015.
MAYOR
ATTEST:
CITY CLERK
DATE:
Packet Pg. 98
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
CITY OF SANTA CLARITA
1, Kevin Tonoian, City Clerk of the City of Santa Clarita, do hereby certify that the
foregoing Ordinance _ was regularly introduced and placed upon its first reading at a
regular meeting of the City Council on the 281h day of April 2015. That thereafter, said
Ordinance was duly passed and adopted at a regular meeting of the City Council on the 12'h day
ofMay 2015, 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
I Packet Pg. 99 1
EXHIBIT A
OF ORDINANCE NO.
Chapter 5.08
MASSAGE
Sections:
5.08.005 Compliance Date for Current Licensees.
U.
Part 1. Massage Businesses and Establishments
5.08.010
Definitions.
5.08.020
0
License—Required. L)
5.08.025
License—Limitations.
5.08.090
Signs.
5.08mO3O
Employee Reporting Requirement.
Building Code Requirements.
5.08.040
Exceptions to Chapter Applicability.
5.08.050
License—Hearing on Application.
5.08.060
Employment of Unlicensed Massage Practitioners and Therapists Prohibited. z
5.08.070
Facilities Prerequisite to License Issuance.
5.08.080
Locked Doors.
5.08.085
Hours of Operation
co
5.08.090
Signs.
5.08.100
Building Code Requirements.
5.08.110
Cleanliness.
5.08.120
Massage Tables.
5.08.130
Dressing and Toilet Facilities.
Er
5.08m]40
Operation Requirements Generally.
5.08m 150
Licensed Responsible Person—Required.
5.08.160
Register of Employees.
w
5.08.162
Service List and Prices.
r
0
E
5.08m 168
Records of Treatments.
5.08.170
Recording of Activities Prohibited.
5.08.172 Improper Solicitation or Performance of Services
5.08.174 Access.
5.08.180 Maintenance of Premises and Equipment.
I Packet Pg. 100-1
5.08.190 Licensee Responsibility.
5.08.192 Inspections.
Part 2. Massage Practitioners and Therapists
5.08.200 , License and CMTC Certificate—Required.
5.09.210 Lieense hifafmatien RequiFed in Application.
5.08.220 License Applicant Qualifleations Verifie4ien.
5.09.230 Lieense Limitations.
5.08.240 Clothing and Hygiene.
5.08.250 CMTC Identification—Required.
5.09.260 License Revocation.
5.08.005 Compliance Date for Current Licensees.
...................... --1 ................. . ........................ ................................................. ... 11 .............................................. ............................................... ........................................
A. Each person holding a valid massage parlor license issued under the former provisions of
Chapter 7.54 of Title 7 of the Los Angeles County Code as of the effective date of the ordinance
codified in this chapter will have until one (I) year from the effective date of the ordinance
codified in this chapter to comply with the requirements of Section 5.08.060 as provided in this
chapter.
B. Each person holding a valid massage technician license under the former provisions of
Chapter 7.54 of Title 7 of the Los Angeles County Code as of the effective date of the ordinance
codified in this chapter will have until one (1) year from the effective date of the ordinance
codified in this chapter to comply with the requirements of Section 5.08.200 as provided in this
chapter. (Ord. 11-3 § 3, 2/8/11)
Part 1. Massage Businesses and Establishments
Definitions.
For the purposes of this chapter, the following words and phrases will have the meaning set forth
in this section:
"CMTC" means the "California Massage Therapy Council" created under the Massage Therapy
Law. The CMTC is referred to as the "Massa. -c Therapy Organization" ("MTO") in the Massage
Therapy Law.
I Packet Pg. �OTI
"CMTC certificate" means a current and valid certificate issued by the CMTC to a massag6
practitioner or a massage therapist.
"Employee" includes independent contractors.
"Massage" or "massage therapy" means the application of various techniques to the muscular
structure and soft tissues of the human body, including, but not limited to, any method of
pressure or friction against, stroking, kneading, rubbing, tapping, compressing, pounding,
vibrating, rocking or stimulating of external surfaces of the body with hands or the aid of any
apparatus or other appliances or devices, with or without supplementary aids such as rubbing
alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment, or other similar preparations
for any consideration or compensation.
"Massage business or establishment" means a business or establishment, including a sole
proprietor or independent contractor, that offers massage therapy within the City, whether at a
fixed place of business or at a location designated by the patron, and also includes all businesses
or establishments where massage therapy is provided as an ancillary service such as day spas and
professional offices where such massage therapy is not otherwise exempt under this chapter.
"Massage business or establishment" also means a "massage parloC' as such term is defined in
Title 7 of the Los Angeles County Code.
"Massague practitioner" rneans any person who has been certified as a massage practitioner and
maintains a current and valid CMTC certificate under the Massage Therapy Law.
"Massage therapist" means any person who has been certified as a massage therapist and
maintains a current and valid CMTC certificate under the Massage Therapy Law.
"Massage Therapy Law" means Chapter 10.5 of Division 2 of the California Business and
Professions Code (beginning at Section 4600).
"OUtcall massage therapy" means the performance of massage therapy at a location designated
by the patron and not at a fixed location massage business or establishment.
"Registered school" means an institution that provides massage therapy education and training as
such terin is defined in Section 4600 of the Massage Therapy Law.
"Specified criminal offense" means:
Packet Pg. 102
I . Within five (5) years of the date of the fi I ing of the app I ication has pleaded
guilty or nolo contenclere to, or been convicted in a Court of competent jurisdiction
of, a misdemeanor or felony crime involving sexual misconduct, including but not
limited to (a) Chapter I of Title 9 of the Penal Code (Sections 261 through 269)
relating to sexual crimes; (b) Chapter 8 of Title 9 of the Penal Code (Sections 3 14
through 3 18.6) relating to indecent exposure, obscenity and disorderly
establishments; or (c) Penal Code Section 647(a) or (b) relating to prostitution; or
2. Any similar offenses under the Criminal or Penal Code of this State or any
other states or counties; or
3. Having permitted, through an act of omission or commission, an employee or
agent to engage in any type of moral turpitude or sexual misconduct offense listed -C;
.EL
in subsection (I ) or (2) of this definition (the conduct of the employee or agent, if .2
r
such resulted in a conviction or a plea of nolo contendere or guilty, will be
considered imputed to the principal).
-Title 7" means Title 7 of the Los Angeles County Code as amended, which has been adopted by
reference as the City's business licensing title, except as amended by this chapter. (Ord. 11 -3 § 2�
2/8/11)
5.08.020 License—Reouired
No person may engage in, conduct or carry on, or permit to be engaged in, conducted or carried
on, in any location within the City, a massage business or establishment unless a business I icense
is first obtained and maintained in accordance with the applicable provisions of this chapter and
Title 7 of the Los Angeles County Code. (Ord. 11 -3 § 2, 2/8/11)
5.08.025 License—Limitations.
............ -- ............... ............................................................ ....................................
No massage practitioner or therapist holding a license under Section 5.08.020, or employed by
person holding such a license, may perform any massage therapy in any location other than at the
massage business or establishment specified on the license application, except for the
performance of any outcall massage therapy. (Ord. 11 -3 § 2, 2/8/11)
5.08.030 Employee Reporting Requirement.
..................... ............... . ...... . . .................... ......... ... . ............. I .... ---- .......... I-- ........... -- ............... --- .................................. ............................................
Packet Pg. 103
The holder of a massage business or establishment license required by Section 5.08.020 must
notify the County Treasurer and Tax Collector, in writing, of the name and address of each
person employed as a massage practitioner or massage therapist within five (5) business days of
that person being employed. (Ord. 11 -3 § 2, 2/8/11)
Apph.c.a.-bility.
This chapter does not apply to:
A. Any treatment administered in good faith in the course of the practice of any healing art
personally by any person licensed to practice any such art or profession under the provisions of
the Business and Professions Code of the State of California or any other statute of this State.
B. Any physician, surgeon, chiropractor, osteopath, naturopath, podiatrist, acupuncturist,
physical therapist, registered nurse or vocational nurse duly licensed to practice their respective
profession in the State.
C. Barbers, cosmetologists, estheticians, and manicurists licensed to practice their respective
profession under the laws of the State while performing activities within the scope of their
license; provided, that such massage is limited solely to the neck, face, scalp, feet, hands, arms,
and lower limbs up to the knees, of their patrons.
D. State -licensed hospitals, nursing homes, and other State -licensed physical or mental health
facilities and their employees.
E. Persons who provide massage therapy to athletes or athletic teams, facilities or events, so
long as such persons do not practice massage therapy as their primary occupation within the
City.
F. Registered schools and their employees that provide massage therapy education or training
and their Students in training; provided, that such Students perform massage therapy only under
the direct personal supervision of an instructor.
G. Any location licensed as a health club, provided only one (1) massage table is used at such
location and provided such use is incidental to the operation of the health club. (Ord. 11-3 § 2�
2/8/11)
LL
X
LU
E
Packet Pg. 104
5.08.050 Licensc—Hearing on Application.
I ............................................. .................. ...... I.. -- . ...... ................. ....................................................... .........................................
Except as provided in Section 7.06.260 of Title 7 of the Los Angeles County Code, the Business
License Commission will hold a public hearing on every application for a license required by
this part, and must give notice of such hearing as required by Sections 7.10.100, 7.10.110,
7.10.120 and 7.10.130 of Title 7 of the Los Angeles County Code. (Ord. 11 -3 § 2� 2/8/11)
Ix
5.08.060 Employrac�ut of Unlicensed Massa2e Practitioners and Therapists Prohibited.
............................. ........... ................ —.1 ................................................................... . . ...................................................
A licensee or person required by this part to obtain a license may not hire or employ a massage
0)
practitioner or massage therapist unless such person possesses a CMTC certificate and a valid M
M
license required by Part 2 of this chapter. (Ord. 11 -3 § 2, 2/8/11) CL
M
5.08.070 Facilities Prerequisite to License Issuance.
A license will not be issued pursuant to this part unless an inspection reveals that the business or
establishment complies with each of the following minimum requirements of this part. (Ord. I I -
3 § 2, 2/8/11)
Locked Doors.
No massage therapy may be provided in a massage business or establishment within any cubicle,
room, booth, or other area which is fitted with a door capable of being locked. The premises'
exterior doors and the doors separating the waiting or reception area from the remainder of the
premises must remain unlocked during business hours (including electric locking devices),
unless there is no staff available to assure the security of patrons and massage practitioners or
therapists who are behind closed doors. (Ord. 11 -3 § 2, 2/8/11)
5.08.085 Hours of Operation.
Massage therapy business hours shall be limited to seven -o'clock a.m. to ten -o'clock p.m.
X
5.08 0 0 S* Lu
............... 9 .... ...... On%. ............. .................................................................. - .................................................................... --- ................................................ -- ...............................
A recognizable and readable sign must be posted at the main entrance identifying the location as
E
a massage business or establishment. Such sign must comply with all requirements of this code.
(Ord. 11-3 § 2, 2/8/11 )
5.08.100 BuildinM Code Requirements.
....... . ............................... I ............ 111.111, ....................... I ............................................ I ..................................... ......................................................
Packet Pg. 105
A. Minimum lighting must be provided in accordance with the Building Code, and, in addition,
at least one (1 ) artificial light of not less than forty (40) watts must be provided in each enclosed
room or booth where massage therapy is performed on a patron.
B. Minimum ventilation must be provided in accordance with the Building Code. (Ord. 11-3
§ 2, 2/8/11)
10 Cleanliness.
A. Adequate equipment for disinfecting and sterilizing instruments used in performing any
massage must be provided.
B. Hot and cold running water must be provided at all times.
C. Separate closed cabinets must be provided for the storage of clean and soiled linen, and
must be plainly marked: "Clean Linen,""Soiled Linen."
D. Clean and sanitary towels, sheets and linens must be provided in sufficient quantity.
Towels, sheets and linens Must not be used by more than one (1) person. Reuse Of Such linen is
prohibited unless such linen has first been laundered. Heavy white paper may be substituted for
sheets; provided, that such paper is used once for each person and then discarded into a sanitary
receptacle. (Ord. 11-3 § 2� 2/8/11)
5.08.120 Massage Tables.
Standard or portable massage tables must be used with a durable, washable plastic or other
waterproof material as a covering. The massage tables must be positioned so that there is at least
three (3) feet from the nearest wall to each side to allow access to the table on all sides. Foam
pads more than four (4) inches thick or more than four (4) feet wide may not be used. Beds,
mattresses and water beds may not be used in the administration of a massage. (Ord. 11 -3 § 2�
2/8/11)
5.08.130 Dressing and Toilet Facilities.
Adequate dressing, locker and toilet facilities must be provided for patrons. A minimum of one
(1) dressing room containing a separate locker for each patron to be served, which locker must
be capable of being locked, and a minimum of one (1) toilet and one (1) wash basin must be
provided by every massage establishment. (Ord. 11 -3 § 2, 2/8/11)
Packet Pg. 106
5.08.140 OperlItkon Requirements Generally.
............................. ..... .................. . I ................................................................ ........................................................... ................................ I .............. - .......... ..............
Every establishment for which this part requires a license must be maintained and operated in
conformity with the following sections. (Ord. 1] -3 § 2, 2/8/11)
5.08.150 Licensed Responsible Pcrson—Required.
11.1-1111-1-1-1 ............................... ................ ....................... ............................................................... ...............................................
All businesses or establishments licensed Linder this part must at all times have a massage
practitioner or therapist licensed under Section 5.08.200 on the premises when open for business
to serve as the responsible person for the business or establishment. This responsible person must
be fain i I iar with the requirements of this chapter and be capable of communicating the provisions
of this chapter to employees and patrons of the business or establishment. (Ord. 11-3 § 2, 2/8/11 )
5.08.160 Rcjjister of Employees.
11 ............................ -.11. ................................. I . ....................... ........................................ ......................................... .......................................... ....
Every massage business or establishment must maintain a register of all employees. The register
must contain the names of all employees, their home address, age, birth date, gender, height,
weight, color of hair, eyes, telephone number, social security number, date of employment and
termination, if any, and the duties of each employee. A complete set of all Such information must
be maintained in English and such information must be retained in the register for a period of at
least two (2) years following an employee's termination. Such employee register must be
available for inspection at the massage business or establishment to representatives of the City
during regular business hours. (Ord. 11 -3 § 2, 2/8/11 )
5.08.162 Service List and Prices.
Each massage therapy service offered, the price of the service and the minimum length of time
such service will be perfornied must be posted in a conspicuous public location ill each massage
business or establishment. The services must be described in readily understandable terms, all
letters and numbers must be not less than one (1) inch in height, and must be in English and such
other languages as may be convenient to communicate such services. No services may be
performed and no sums may be charged for such services other than those posted. All
arranguements for services to be performed must be made in a room in the massage business or
establishment that is not used for massage therapy unless no other room exists in the business or
establishment. (Ord. H -3 § 2, 2/8/11)
5.08.168 Records of Treatments.
IPacket Pg.
Each massage business or establishment must keep a record of the date and hour of each
treatment, the name and address of the patron, and the name of the massage practitioner or
therapist administering such treatment. A complete set of such information must be maintained
in English and the records available for inspection by City representatives for the purposes of
law enforcement and for no other purpose. Identical records must be kept for outcall massage
therapy services and, in addition, must describe the address where such services were rendered.
0:
All such records must be maintained for a period of at least two (2) years. (Ord. 11 -3 § 2� 2/8/11)
LL
5.08.170 Recordiniz of Activities Prohibited.
No building or part thereof where massage therapy is being conducted may be equipped with any
electronic, mechanical or artificial device used, or capable of being used, for recording or
videotaping, for monitoring the activities, conversation, or other sounds in the treatment room or
room used by patrons. (Ord. It -3 § 2, 2/8/11)
5.08.172 Improper Solicitation or Performance of Services.
- 1.1- 1.11 1 ............... . ......... . ................ ................................................... I ............ .............................. -.11 .............................. .......................................... - .................................
A . Except to the extent required, in writing, by a State -licensed medical practitioner, no
massage therapy may be provided to a patron that results in intentional contact, or occasional and
repetitive contact with the genitals, anus or areola of any patron.
B. No massage practitioner, therapist or other person may, after the commencement of any
service for any patron, advise, suggest or otherwise indicate to such patron that any additional
service is available or ask or inquire of such patron whether such patron desires any additional
service to be performed at that time, except with respect to services that are publicly posted.
(This regulation does not preclude the discussion with a patron in the lobby or public area of
additional or alternative massage services that are not posted upon completion of the massage.)
C. No massage practitioner or massage therapist may perform any service for any patron that
.0
was not ordered by such patron prior to the commencement of performance of any service X
W
requested.
4)
E
D. No massage practitioner, therapist, or other person may offer to or perform any act of
prostitution as such term is defined in the California Penal Code. (Ord. 11-3 § 2, 2/8/11)
5.08.174 Access.
I Packet Pg. 108 1
The following persons may be allowed beyond the front lobby, located directly inside the front
door entrance during hours of operation: (A) massage practitioners and massage therapists; and
(B) patrons, who may be accompanied by no more than one (1) family member or caregiver. Any
other persons found beyond the first interior door leading to the inside of the premises including,
but not limited to, hallways, massage rooms, reception/business offices or lounge area will be a
violation of this chapter. Nothing contained in this section prohibits any employee from being
present in hallways, reception/business offices or other areas necessary or relating to such
person's employment duties, nor prohibits any authorized repair, maintenance or service
personnel from being present in areas necessary to the performance of such person's services,
except that no such employee or service personnel may be permitted in any massage room or
cubicle whi I e a patron is present in such room or space. (Ord. 11-3 § 2, 2/8/11)
.5...9.8.1. 89 Main te.n. a. rice of Premises a.nd. Equipment.
.. .. ..... .. . .. . . .. .. ... . .. .... . .. . .. .. ...
A. All walls, ceilings, floors, pools, showers, bathtubs, steam rooms and all other physical
facilities for the establishment must be in good repair and maintained in a clean and sanitary
condition.
B . Wet and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets, shower
compartments and toilet roorns must be thoroughly cleaned each day the business is in operation.
Bathtubs must be thoroughly cleaned after each use.
C. Clean and sanitary towels and linens must be provided for each patron of the establishment
or each patron receiving massage services. No common use of towels or linens is permitted.
D. All bathrobes, bathing suits or other garments provided for the use of patrons must be either
disposed of after any use or properly laundered. (Ord. 11 -3 § 2, 2/8/11)
5.1.01181.1, 99 L,,i,,c,,e,n"s"e,,e,.,,R..e..s,p.onsibil�ty.
The licensee under this part is responsible for the conduct of all employees, agents, independent
contractors or other representatives, while on the premises of the massage business or
establishment and while providing any massage therapy on behalf of such business or
establishment. (Ord. 11-3 § 2, 2/8/11)
..5....0.8.192 Inspections.
-6
S
CL
0
.2
r
3
I Packet Pg. 109 1
Representatives of the City's Building Department, Code Enforcement Department, Community
Development Department, Fire Department, and Police Department may, from time to time,
make an inspection of each fixed location massage business or establishment in the City during
regular business hours for the purpose of determining that all applicable laws are met. (Ord. 11-3
§ 2, 2/8/11)
Part 2. Massage Practitioners and Therapists
5.08.200 License and CMTC Certi ficatc—Regni red.
I ......................... "I'll, I'll-- ................... ....................... . ... . I I ............ I ...... ................... ---- ............... .......................... - .....................................
No person may engage in, conduct, carry on, or perform massage therapy within the City unless
Such person has a CMTC certificate and has first obtained and maintains a license. or is
employed by a person who has obtained and maintains a license in accordance with the
applicable provisions of this chapter and Title 7 of the Los Angeles County Code. (Ord. 11-3 § 2,
2/8/11)
5.08.21OLaeense infor-inationRequir-edinApplientiew.
.................................................... -
..................................................................
lR addition to the requiFements
E)f
Seetion 7.06.020 ef
Title 7 of the LesAngeles
Count), Code,
f9F lieense
by
inelUd-w
ai4-applirafleH a
required
this paFt also
must
A. The two 1.2.
previous
addresses,
.... ..Wdiateb,
prief to the present
address E)f t
00
applieant.
CL
B.
G. Husiness, aceupation
oF emplayment
of the applieant
for the thfee
(3) yeaf&4ff+we4%iate4y
pfeeeding the date ef the
applieatien.
D. Thp lieenqe history of
the applieant,
ineluding whetheF
the applaeant
has had a lieense fer
72
any busifiess er sifnilaF aetivity
issued
by this or an),
other eity, by an),
county, OF by the State
X
LU
FeWlied or suspended, and
the Feasen
4)F queh Fw.,Re-atiRs
R.F11—
E
E. All eFiminal convietions,
including
convietions fef
a speciAed criminal
aff@nse.
R Sueh atheF idenflIlsAtion
and-
;44mafien neeessary
te diSCOVOF thO
truth of the matters set
fei4h in the applieation. (Ord.
11 3
§ 2, 2,18,111)
Packet Pg.
110
A f4q dutieq thp, in vestigatien of this lieensed aetiVit)'8F
he Fight to verify feF authentieity the infiefmatien siipplied
,24,111)
................................ .......................... ................................ ..........
LL
at t", 11tannag, �"W V�n 01 U�td"Mf I V! t bVetti CU (dWW me ituettse apptiedhUH, vikeept juF me 0
4)
peFfoFmanee of an), outeall Fnassage thempy. (QFd. 11 § 2, 2,18/11)
CL
5.08.240 Clothing and Hygiene.
................... ....... 0
No massage may be adminisfered unless t h e patFefi wears elothiRg that eevers t h e patran'S
genitals, and if the patran is f�male, the bfeasts. Massage practitioners and therapists must at all
times, while on the premises of the business or establishment, be clean, and wear nontransparent
outer garments covering the body from knee to neck. (Ord. 11 -3 § 2, 2/8/11)
5.08.250 CMTC Identification—Req ui red.
...... . ...........
All massage practitioners and therapists must have on his or her person or maintain on the
premises their CMTC identification card. Such identification card must be provided to City
officials or representatives upon demand. (Ord. 11 -3 § 2, 2/8/11)
EN
I
Packet Pg. ill
Attachment: Exhibit A - Redlined Chapter 5.08 (Massage) (1233 : Municipal Code Updates - First Reading)
H
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA CLARITA, CALIFORNIA, PROTECTING PUBLIC HEALTH, SAFETY AND
WELL-BEING BY AMENDING CHAPTER 9.50 (TOBACCO CONTROL) OF THE
SANTA CLARITA MUNICIPAL CODE
WHEREAS, electronic smoking devices or the inhaling and exhaling of vapor presents a
possible health risk to the public; and
WHEREAS, the City desires to protect the public health, safety, and welfare of the public
in City buildings and facilities, in the workplace, in public spaces, and in City parks that could be
exposed to electronic smoking devices or vapor; and
WHEREAS, the City's Municipal Code currently bans smoking in all City buildings and
facilities, in the workplace, in public spaces, and in City parks, but does not currently address
electronic smoking devices or vapor ; and
WHEREAS, the City desires to add electronic smoking devices or vapor to the list of
items that are prohibited; and
WHEREAS, the City's Chapter 9.50 has not been updated since the enactment of
California Labor Code § 6404.5 which prohibits any employer from allowing, and prohibits any
person from engaging in, smoking in an enclosed place of employment; and
WHEREAS, the City desires to amend sections of Chapter 9.50.050 to conform to State
Law.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Amendment of Chapter 9.50. Chapter 9.50 of the Santa Clarita Municipal
Code entitled "Tobacco Control" is hereby amended to read in its entirety as shown in Exhibit A,
which is attached hereto and incorporated herein by this reference.
SECTION2. If any section, subsection, sentence, clause, phrase, part, or portion of this
Ordinance is for any reason held to be invalid or unconstitutional by any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council declares that it would have adopted this Ordinance and each
section, subsection, sentence, clause, phrase, part, or portion thereof, irrespective of the fact that
any one or more section, subsections, sentences, clauses, phrases, parts, or portions be declared
invalid or unconstitutional.
SECTION 3. This Ordinance shall become effective thirty (30) days after its passage
and adoption.
M
0
LL
0
0
M
CL
0
L)
70
r
M
M
N
Packet Pg. 113
PASSED, APPROVED, AND ADOPTED this 12'h day of May, 2015.
MAYOR
ATTEST:
CITY CLERK
DATE:
I Packet Pg. 114 1
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
CITY OF SANTA CLARITA
1. Kevin Tonoian, City Clerk of the City of Santa Clarita, do hereby certify that the
foregoing Ordinance _ was regularly introduced and placed upon its first reading at a regular
meeting of the City Council on the 28'h day of April 2015. That thereafter, said Ordinance was
duly passed and adopted at a regular meeting of the City Council on the 12 1h day of May 2015,
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
W
U
0
E
Packet Pg.
11-91
Sections:
EXHIBIT A
OF ORDINANCE NO.
Chapter 9.50
TOBACCO CONTROL
9.50.010 Purpose.
9.50.020 Definitions.
9.50.030 Prohibition of Smoking in City Buildings and City Facilities.
9.50.040 Prohibition on Smoking in Workplaces.
9.50.050 Smoking in Public Places.
9.50.055 Smoking in City Parks.
9.50.060 Posting of Signs.
9.50.065 Tobacco Vending Machines Prohibited.
9.50.070
9.50.010 Pu
Violations—Penalties.
A. The City Council finds that numerous studies have shown that tobacco smoke is a
major contributor to indoor air pollution and that breathing secondhand smoke is a
significant health hazard for several population groups, including elderly people,
individuals with cardiovascular disease, and individuals with impaired respiratory
function, including asthmatics and those with obstructive airway disease.
B. Health hazards induced by breathing secondhand smoke also include lung cancer,
respiratory infection, decreased exercise tolerance, decreased respiratory function,
bronchioconstriction, and bronchospasm. Nonsmokers who suffer allergies, respiratory
diseases and other ill effects of breathing secondhand smoke may experience a loss ofjob
productivity or may be forced to take periodic sick leave because of such adverse
reactions.
C. The U.S. Surgeon General has declared that nicotine is as addictive as cocaine or
heroin; no other addictive product or drug, or cancer-causing product or drug is sold
through vending machines. Further, the U.S. Secretary of Health and Human Services,
I Packet Pg.
U.
r
4)
E
the U.S. Surgeon General and leading Voluntary health organizations all recommend the
elimination of cigarette vending machines for health reasons.
D. For all of these reasons, the City Council finds that the provisions of this chapter are
essential to protect the public health, safety and wel�are. (Ord. 94-8, 6/14/94)
9.50.020 Definitions.
The following words and phrases, whenever used in this chapter, shall be construed as
defined in this section:
"Bar" means premises licensed, with any type of license, and maintained and operated for
the selling or serving of alcoholic beverages to the public for consumption on the
premises. Food products may be sold or served incidentally to the sale or service of
alcoholic beverages.
"Director" means the Director of Parks, Recreation, and Community Services, or other
person authorized by the Director pursuant to law.
"Enclosed area" means all space between a floor and ceiling which is enclosed on all
sides by solid walls. Said walls may be penetrated by windows, doors, or passageways.
"Home occupation" means any use within a dwelling which has been issued a valid home
occupation permit by the City of Santa Clarita.
"Incidental food sales/service" means the sale or service of food products in a bar if said
sales/service constitutes less than twenty-five percent (25%) of the annual gross income
of the bar, an amount higher than twenty-five percent (25%) of saIcs/service of food
products constitutes a premises other than a bar.
"Park" means every park, roadside rest, golf course, riding and hiking trail, open space
easement to which the public has an unrestricted right of access and use for park or
recreation purposes, and every other recreation facility owned, managed or controlled by
the City and under thejurisdiction of the Director.
"Public place" means any enclosed area to which the public is invited or in which the
public is permitted, including, but not limited to, banks, educational facilities, health
Packet Pg. 117
facilities, shopping malls, laundroinats, public transportation facilities, reception areas,
retail food production and marketing establishments, retail service establishments, retail
stores, hotels and motels, theaters and waiting rooms.
"Restaurant" means a place which is regularly and in a bona fide manner used and kept
open for the serving of meals to guests for compensation and which has suitable kitchen
facilities connected therewith, containing conveniences for cooking an assortment of
foods which may be required for ordinary meals.
"Retail tobacco store" means a retail utilized primarily for the sale of tobacco products
and accessories and in which the sale of other products is merely incidental.
"Separate ventilation system" means a system which is exhausted to the outside and
negatively pressurized
"Smoke or smoking" means inhaling, exhaling, buming E)f earfying any lighted eigaf,
eigarel4e, pipe, of plant in any Fnafifief er in any
inhaling or exhaling the fumes or vapor of a lighted or activated pipe, cigar. cigarette,
electronic smoking device. or any other lighted smoking equipment used for burning any
tobacco product, weed, plant, or any other combustible substance. The term applies to
any electronic smoking device and/or an electronic or battery-operated device that
delivers vapor for inhalation including every variation and type of such devices including
electronic cigarettes, electronic cigars. electronic cigarillos, electronic pipes, electronic
hookahs or anv other similar Droduct.
"Tobacco vending machine" means any machine or device designed for or used for the
vending of cigarettes, cigars, tobacco or tobacco products upon the insertion of coins,
bills, trade checks or slugs
"Workplace" shall mean any enclosed area which is normally occupied by two (2) or
more employees of a commercial enterprise, nonprofit entity, or the City of Santa Clarita-,
or any office that shares a heating, ventilation and air conditioning system with a
workplace. (Ord. 94-8, 6/14/94; Ord. 06-9 § 1, 11/28/06)
9.50.030 Prohibition of Smoking in City Buildings and Oty Facilities.
........................................... --- ..............
r�-]
Packet Pg. 118
Without any limitation on Section 9.50.040, it is unlawful for any person to smoke within
any portion of the Santa Clarita City Hall structure which is reserved for City functions or
business, or any other City facilities, out buildings or satellite offices, except where
specifically designated. (Ord. 94-8, 6/14/94)
9.50.040 Prohibition on Smoking in Workp!��!��.
... ...... ............ 1 11.1 - .... .. ........ ... I . ......... I ............. . ...............................
A. Smoking is prohibited and is unlawful in all workplaces of commercial enterprises,
nonprofit entities and all City -owned and managed buildings and vehicles, including but
not limited to open office areas, shared offices, private offices, hallways, restrooms,
escalators, elevators, stairways, lobbies, reception areas, waiting rooms, classrooms,
meeting or conference rooms and auditoriums.
B. On-site workplace cafeterias, lunchrooms, and lounges shall be deemed workplaces
and smoking prohibited, whether or not such facilities are open to members of the general
public.
C. Each commercial enterprise, nonprofit entity and the City shall comply with these
smoking prohibitions and be responsible for their implementation in the workplace, and
"No Smoking" signs shall be posted in the manner prescribed in Section 9.50.060.
D. Notwithstanding this section, a private residence including either an attached or
detached garage shall not constitute a workplace, except when the residence serves as a
child care or health care facility licensed pursuant to applicable State law. (Ord. 94-8,
6/14/94)
2.59.9�9 �Tq!qug in Public Places.
I .......... I ................ 11 .................................................. ........................ I ............................................... I .............. ...............
A. Except as otherwise provided, it is unlawful for any person to smoke in any public
place within the City of Santa Clarita.
B. Notwithstanding any other provision of this chapter to the contrary, the following
areas shall not be subject to the smoking restrictions of this section:
Private residences, except when used as a child care or health care
facility licensed pursuant to applicable State law.
2. Dwellings used for home occupations.
Packet Pg.
119
Retail tobacco stores.
4. A maximum of fifty percent (50%) of the guest rooms in hotels and
motels.
5. Bars and restaurants where explicitly allowed by state law.
6. Conference, banquet or meeting rooms of private clubs or fraternal
organizations when used exclusively by members or guests of the clubs or
organizations. Such clubs and organizations shall designate, and make
available to their employees, nonsmoking areas.
7. An enclosed place of employment which employs only the owner and
no other employee, provided that:
a. The place of employment is not a public place; and
b. The enclosed area containing the place of employment has a
separate ventilation system and does not share.a ventilation system
with any other enclosed place of employment or public place.
C. The owner of any area exempted from the provisions of this section by subsection B
of this section may nevertheless designate such an area as a nonsmoking area. If such an
area is so designated, it is.unlawful for any person to smoke in such an area. (Ord. 94-8,
6/14/94)
9.50.055 Smoking in
.......................
Except as otherwise provided, it is unlawful for any person to smoke in any park in the
City of Santa Clarita. (Ord. 06-9 § 2, 11/28/06)
9.50.060 Posting of Si ns.
........................... .. ........... . .......... g., 11 ...... ...... ........................... .................................................................................................................
A. Every owner, operator, manager, or other having control of an enclosed area
regulated by this chapter shall conspicuously post at all exterior entrances to the enclosed
area a "No Smoking" sign or the international "No Smoking" symbol (consisting of a
pictorial representation of a burning cigarette enclosed in a circle with a bar across it).
X
LU
Z.;
E
Packet Pg. 120
B. Every owner, operator, manager, or other person having control of a restaurant
excepted from regulation by this chapter shall conspicuously post, visible at all exterior
entrances to the enclosed area, signs indicating that the restaurant allows smoking or does
not allow smoking, or does not allow smoking in certain portions of the restaurant. Said
posting shall include a written description of the smoking policy in effect in said
restau rant. (Ord. 94-8, 6/14/94)
9.50.065 Tobacco Vending Machines Prohibited.
....................... I ................ 11 -.1.1-1-1- ........... .-- - ............. ..... -- ......................................... ...................... ...............
No cigarette or other tobacco product may be sold, offered for sale, or distributed by or
from a vending machine or appliance, or any other device designated or used for vending
purposes. (Ord. 94-8, 6/14/94)
9.50.070 Violations—Penalties.
... .............................. I ........... --- .................. -- .......... ......................... -.1 ........ .... ............... 1-11, ..................................... 1.11.11.1.111, .........................................................
Any person who violates any provision of, or fails to comply with any requirement of,
this chapter is guilty of an infraction and shall be punished in accordance with Section
1.01.200 of this code. 'rhe City Manager and City Code Enforcement Officers of the City
are authorized and directed to enforce the provisions of this chapter. (Ord. 94-8, 6/14/94)
Packet Pg. 121
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA CLARITA, CALIFORNIA, ADDING CHAPTER 35 TO TITLE 11,
PUBLIC PEACE AND WELFARE, OF THE SANTA CLARITA MUNICIPAL CODE
CONCERNING AGGRESSIVE SOLICITATION AND SOLICITATION
AT SPECIFIC LOCATIONS
WHEREAS, solicitors engaging in aggressive behavior have become a growing problem
within City limits, and are affecting the safety and wellbeing of residents and businesses; and
I WHEREAS, there are concerns regarding solicitation associated with.specific locations,
including banks and automated teller machines, public transportation facilities, and private
property; and
WHEREAS, communities can no longer enjoy a sense of security when engaging with
someone who aggressively solicits; and
WHEREAS, the City wishes to establish for the municipality provisions to ensure the
welfare and protection of residents and business; and
WHEREAS, the City wishes to add an effective ordinance to prohibit solicitors who
engage in aggressive behavior within City limits.
NOW, THEREFORE, T14E CITY COUNCIL OF THE CITY OF SANTA CLARITA,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The Santa Clarita Municipal Code is hereby arnended by adding Chapter
11.35, Aggressive Solicitation, to read as follows:
11.35.010 Purpose
11.35.020 Definitions
11.35.030 Prohibition Against Aggressive Solicitation
11.35.035 Locations Where Solicitation is Prohibited
11.35.040 Violation — Penalty
11.35.010 Purpose
The purpose of this chapter is to protect the safety of the general public against certain
aggressive conduct of persons engaged in solicitation, by imposing reasonable time,
place, and manner restrictions on solicitation while respecting the constitutional rights of
free speech of all citizens.
T
0
11.35.020 Definitions
r
0
E
For purposes of this chapter, the following definitions apply:
I Packet Pg. 122 1
"Aggressive Solicitation" shall mean any of the following:
1. Approaching, or speaking to a person, or following a person before, during,
or after soliciting, asking, or begging, if that conduct is intended or is likely
to cause a reasonable person to fear bodily harm to oneself or to another,
damage to or loss of property, or otherwise be intimidated or coerced into
giving money or other things of value;
2. Intentionally touching or causing physical contact with another person or
occupied vehicle without that person's consent in the course of soliciting,
asking, or begging;
3. Intentionally blocking or interfering with the safe or free passage of a
pedestrian or vehicle by any means, including unreasonably causing a
pedestrian or vehicle operator to take evasive action to avoid physical contact;
4. Using violent or threatening gestures toward a person solicited either before,
during, or after soliciting, asking, or begging;
5. Persisting in closely following or approaching a person, after that person has
been solicited and has informed the solicitor by words or conduct that such
person does not want to be solicited, or does not want to give money or any
other thing of value to the solicitor; or
6. Using profane, offensive, or abusive language which is inherently likely to
provoke an immediate violent reaction, either before, during, or after
solicitation.
"Automated teller machine (ATM)" shall mean any electronic information processing
device which accepts or dispenses cash in connection with a credit, deposit, or
convenience account.
"Automated teller machine facility" shall mean the area comprised of one or more
automated teller machines, and any adjacent space which is made available to banking
customers after regular banking hours.
"Bank" means any member bank ofthe Federal Reserve System, and any bank, banking
association, trust company, savings bank, or other banking institution organized or
operated under the laws of the United States, and any bank in which the deposits are
insured by the Federal Deposit Insurance Corporation.
"Business" means and includes 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.
0
"Check cashing business" means any person duly licensed as a check seller, bill payer, or
prorate, pursuant to Division 3 of the California Financial Code, commencing with E
Section 12000.
Packet Pg. 123
"Credit Union" means any federal credit union and any state -chartered credit union the
accounts of which are insured by the Administrator of the National Credit Union
Administration.
"Pedestrian" ineans any individual who is utilizing a public street, sidewalk, roadway,
alley, or public or private parking area while traveling without the benefit of any vehicle,
as defined herein, or traveling on a bicycle.
"Person" means any individual, company, corporation, association, business, or other
legal entity.
"Private parking area" means privately owned property which is designed or used
primarily for the parking of vehicles, and which adjoins one or more cominercial
establishments or adjoins any property in a nonresidential zone, including, but not limited
to, driveways, setbacks, and portions of that area that are landscaped.
"Private property" shall mean any land not owned by the -government or designated for
the public use as a public place.
"Public place" shall mean a place or property owned by the government, or to which the
public or a substantial group of persons has access, and includes, but is not limited to, any
street, highway, roadway, parkway, sidewalk, parking lot, plaza, transportation facility,
school, place of amusement, park, playground, and any doorway, entrance, hallway,
lobby, and other portion of any business establishment, an apartment house, or hotel not
constituting a room or apartment designed for actual residence.
"Public transportation facility" shall mean any location or structure within the City
designated for the use of public transportation. Such facilities include, but are not limited
to, commuter train stations, bus stations or rest areas, transfer stations, or other
designated transportation hubs.
"Solicit or solicitation" shall include using the spoken, written, or printed word, or bodily
gestures, signs, or other means with the purpose of obtaining an immediate donation of
money or other things of value, or soliciting the sale of goods or services.
"Vehicle" means a vehicle as defined in California Vehicle Code Section 670 as the same
now reads or may hereafter be amended.
11.35.030 Prohibition Against Aggressive Solicitation
No person shall engage in aggressive solicitation, so as to intimidate or cause fear for
harm with the intent of coercing a donation or contribution in any public place.
11.35.035 Locations Where Solicitation is Prohibited
No person shall solicit, ask, or beg on sites limited to banks and ATMs, public
transportation facilities, and private property.
1. Banks and ATMs: No person shall solicit, ask or be-, within thirty (30) feet of any
entrance or exit of any bank, savings and loan association, credit union, or check
I Packet Pg. i7247]
cashing business during its business hours, or within thirty (30) feet of any ATM
during the time it is available for customers' use. Provided, however, that when
an ATM is located within an automated teller machine facility, such distance shall
be measured from the entrance or exit of the automated teller machine.facility.
No person shall solicit, ask or beg without the consent of the owner or other
person legally in possession of such facilities.
2. Public Transportation Facilities: It is unlawful to solicit, ask, or beg within thirty
(30) feet of any bus or other public transportation vehicle stop or designated
public transportation facility.
3. Private Property: It is unlawful to solicit, ask, or beg on private property if the
owner, tenant, or lawful occupant has asked the person not to solicit on the
property, or has posted signs clearly indicating solicitation is not permitted on
the property.
11.35.040 Violation — Penalty
It is unlawful for any person to violate any provision or to fail to comply with any of the
requirements of this chapter. A violation of any of the provisions or failing to comply
with any of the mandatory requirements of this chapter shall constitute a misdemeanor.
SECTION 2. If any section, Subsection, sentence, clause, phrase, part, or portion of this
Ordinance is for any reason held to be invalid or unconstitutional by any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council declares that it would have adopted this Ordinance and each
section, subsection, sentence, clause, phrase, part, or portion thereof. irrespective of the fact that
any one or more section, subsections, sentences, clauses, phrases, parts, or portions be declared
invalid or unconstitutional.
SECTION3. This Ordinance shall become effective thirty (30) days after its passage
and adoption.
PASSED, APPROVED, AND ADOPTED this 12 th day of May, 2015.
MAYOR
ATTEST:
0
.2m
.2
CITY CLERK 0
E
DATE:
5
Packet Pg. 125
z
STATE OF CALIFORNIA J:
COUNTY OF LOS ANGELES. ss.
CITY OF SANTA CLARITA
M
"0
CL
1, Kevin Tonoian, City Clerk of the City of Santa Clarita, do hereby certify that the
foregoing Ordinance _ was regularly introduced and placed upon its first reading at a regular
0
meeting of the City Council on the 28h day of April 2015. That thereafter, said Ordinance was
duly passed and adopted at a regular meeting of the City Council on the 12"' day of May 2015,
EL
by the following vote, to wit: .2
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
0
0
ABSENT: COUNCILMEMBERS:
.2
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)m 0
CITY CLERK .2
Packet Pg. 126