HomeMy WebLinkAboutOrdinance No. 00-O10ORDINANCE NO. 00-010
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AZUSA, CALIFORNIA, ADDING TITLE IX TO CHAPTER 62
OF THE AZUSA MUNICIPAL CODE RELATING TO
PROHIBITIONS ON THE SOLICITATION OF
EMPLOYMENT ON STREETS AND PRIVATE PARKING
AREAS
WHEREAS, large groups of persons congregate in areas within the City of Azusa on a
daily basis to solicit or attempt to solicit employment, business or contributions from the
occupants of vehicles; and
WHEREAS, soliciting employment, business or contributions from occupants of vehicles
detracts drivers from their primary focus and duty to watch traffic and potential hazards on the
road, observe traffic control signals and warnings, and to prepare to maneuver through City
streets and intersections and private parking areas; and
WHEREAS, soliciting employment, business or contributions from occupants of vehicles
impedes the flow of traffic on city streets and results in delays, obstructs the free flow of travel
and results in congestion and blockage of city streets and driveways that lead to parking areas and
sidewalks as solicitors approach vehicles to negotiate wages and/or contributions with vehicle
occupants; and
WHEREAS, distracted drivers are more prone to automobile accidents and constitute a
substantial traffic safety problem which further impedes and prevents the orderly flow of traffic,
is unsafe for pedestrian and vehicular traffic and unsafe for persons that engage in solicitation;
and
WHEREAS, the City Council of the City of Azusa wishes to promote the City's interest
in protecting and preserving the safety of pedestrian and vehicular traffic in, about, or upon
public and private streets, parkways, roadways, alleys, sidewalks, and parking areas so as to
assure the free flow of pedestrian and vehicular traffic and minimize pedestrian -to -pedestrian,
vehicle -to -vehicle, and pedestrian -to -vehicle conflicts.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Title IX is hereby added to Chapter 62 of the Azusa Municipal Code to read as
follows:
"ARTICLE IX
62-300. Intent and purpose. The purpose of this article is to regulate the conduct of
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persons engaging in the solicitation of employment and/or business from pedestrians and
occupants of vehicles in public rights-of-way and private parking areas. These regulations are
not intended to restrict the right of free speech or restrict alternative channels of communications,
but rather are intended to ensure vehicle and pedestrian safety and promote the free flow of
traffic along City streets and parking areas.
62-301. Definitions. For purposes of this article, the following definitions shall apply:
(a) "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.
(b) "Employment' shall mean and include services, industry or labor performed by a
person for wages or other compensation or under any contract of hire written or oral, express or
implied.
(c) "Occupant' shall mean a person who occupies a vehicle.
(d) "Solicit' shall mean and include any request, offer, enticement, or action which
announces the availability for or of employment, the sale of goods, or a request for money or
other property; or any request, offer, enticement or action which seeks to purchase or secure
goods or employment, or to make a contribution of money or other property. As defined herein,
"solicitation" shall be deemed complete when made, whether or not an actual employment
relationship is created, a transaction is completed, or an exchange of money or other property
takes place.
(e) "Vehicle" shall mean a vehicle as defined Section 670 of the California Vehicle
Code as that section may be amended from time to time.
62-302. 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, but not limited to, public streets, highways, sidewalks and driveways, to
solicit, or attempt to solicit, employment, business or contributions of money or other property
from any person traveling in a vehicle along a public right-of-way including but not limited to a
public street, highway or driveway.
(b) It shall be unlawful for any person, while the occupant of any vehicle, to solicit, or
attempt to solicit, employment, business or contributions of money or other property from a
person who is within the public right-of-way, including, but not limited to, a public street,
highway or driveway.
62-303. Prohibition of solicitation in unauthorized locations within commercial and
industrial parking areas.
(a) No person shall solicit employment, business or contributions of money or other
property from a location within a commercial or industrial parking area other than an area within
or served by such parking area which is authorized by the property owner or the property owner's
authorized representative for such solicitations. This section shall not apply to a solicitation to
perform employment or business for the owner or lawful tenants of the subject premises.
(b) For purposes of this section, "commercial or industrial parking area" shall mean
privately owned property which is designed or used, in whole or in part, for the parking of
vehicles and which adjoins one (1) or more commercial or industrial establishments.
(c) This section only applies to commercial and industrial parking areas where the
owner or person in lawful possession of the commercial or industrial parking area has caused a
notice to be posted in a conspicuous place at each entrance to such commercial or industrial
parking area not less than eighteen (18) by twenty-four (24) inches in size with lettering not less
than one (1) inch in height and not to exceed in total area six (6) square feet. The notice shall be
in substantially the following form:
"It is a misdemeanor to engage in the solicitation of employment, business
or contributions or money or other property in areas of this parking lot
which are not approved for such activity by the property owner."
(d) Nothing herein shall require a private property owner to permit solicitations at
their premises.
62-304. Penalties.
Violation of sections 62-302 or 62-303 of this article are hereby deemed to be a
misdemeanor and punishable according to the provisions of section 1-10 of this Code.
Alternatively, the City may issue an administrative fine or penalty to any person in violation of
the provisions of this article"
SECTION 2. Should any section, subsection, clause, or provision of this Ordinance for
any reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall
not affect the validity or constitutionality of the remaining portions of this Ordinance; it being
hereby expressly declared that this Ordinance, and each section, subsection, sentence, clause and
phrase hereof would have been prepared, proposed, approved and ratified irrespective of the fact
that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
SECTION 3. This Ordinance shall be in full force and effect thirty (30) days after its
adoption.
SECTION 4. A summary of this Ordinance shall be published in the manner required by
law.
PASSED, APPROVED AND ADOPTE 19 th day of June 2000.
tinWCruz-Madrid
Mayor
ATTEST:
Adolph Solis, ity Jerk
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I, Adolph Solis, City Clerk of the City of Azusa, do hereby certify that the
foregoing Ordinance No. 00:-10was duly introduced and placed upon its first reading at a regular
meeting of the City Council on the I 5th day of June 2000, and that thereafter, said
Ordinance was duly adopted and passed as a regular meeting of the City Council on the 19th
day of June , 2000, by the following vote, to wit:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: HARRIS
COUNCILMEMBERS: NONE
COUNCILMEMBERS: NONE
RXMITS"9f1MM �iMMa
City Attorney
kDRID