HomeMy WebLinkAboutOrdinance No. 12-O4ORDINANCE NO. 12-04
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA
REPEALING AND RESERVING SECTION 62-302 PROHIBITING SOLICITATION IN
PUBLIC RIGHT-OF-WAY AND AMENDING SECTION 62-304 REGARDING THE
PENALTIES FOR VIOLATIONS OF SECTIONS 62-302 AND 62-303 OF THE AZUSA
MUNICIPAL CODE
WHEREAS, the City Council of the City of Azusa previously adopted Section 62-302 of
Chapter 62 of the Azusa Municipal Code prohibiting solicitation in public right-of-way by
Ordinance 00-010;
WHEREAS, the City Council of the City of Azusa previously adopted Section 62-304
of Chapter 62 of the Azusa Municipal Code regarding the penalties for violations of Sections 62-
302 and 62-303 by Ordinance 00-010;
WHEREAS, the City Council of the City of Azusa recognizes that the City of Azusa
Police Department does not currently nor has it ever enforced Section 62-302 of Chapter 62 of
the Azusa Municipal Code since this Section's adoption;
WHEREAS, the City Council of the City of Azusa recognizes that the City of Azusa
Police Department has never penalized any individual under Section 62-304 of Chapter 62 of the
Azusa Municipal Code for a violation of Section 62-302 since this Section's adoption;
WHEREAS, the City Council of the City of Azusa wishes to update its Municipal Code
to comport with its current law enforcement practices;
WHEREAS, the City Council of the City of Azusa acknowledges the U.S. Supreme
Court's February 21, 2012 denial of certiorari of the Ninth Circuit case Comite de Jornaleros de
Redondo Beach v. Redondo Beach addressing the constitutionality of the City of Redondo
Beach's ordinance on solicitation in public rights-of-way; and
WHEREAS, the City Council of the City of Azusa now seeks to repeal and reserve
Section 62-302 of Chapter 62 of the Azusa Municipal Code prohibiting solicitation in public
right-of-way and seeks to amend Section 62-304 of Chapter 62 of the Azusa Municipal Code
regarding the penalties associated with a violation of Section 62-302.
THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA DOES ORDAIN AS
FOLLOWS:
Section 1. Recitals. The City Council of the City of Azusa hereby finds and determines
that the forgoing Recitals of this Ordinance are true and correct and are hereby incorporated into
this Ordinance as fully set forth herein.
Section 2. Repealed. Section 62-302 of Chapter 62 of the Azusa Municipal Code,
entitled "Prohibition of solicitation in public right-of-way," is hereby repealed in its entirety and
is of no further force or effect.
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Section 3. Reserved. Section 62-302 of Chapter 62 of the Azusa Municipal Code is
hereby reserved for future use.
Section 4. Amended. Section 62-304 of Chapter 62 of the Azusa Municipal Code is
hereby amended to delete references to Section 62-302 as follows:
"Sec. 62-304. — Penalties.
Violations of section 62-303 are hereby deemed to be a misdemeanor and punishable in
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 5. Severability. If any provision of this Ordinance or the application thereof to
any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications of this Ordinance which can be given effect without the invalid provision or
application, and to this end, the provisions of this Ordinance are severable. The City Council of
the City of Azusa hereby declares that it would have adopted this Ordinance irrespective of the
invalidity of any particular portion thereof.
Section 6. Signature and Attestation. In accordance with California Government Code
Section 36932, this Ordinance shall be signed by the Mayor of the City of Azusa and attested to
by the City Clerk of the City of Azusa.
Section 7. Publication; Effective Date. In accordance with California Government
Code Section 36933, within fifteen (15) days of the passage of this Ordinance, the City Clerk of
the City of Azusa shall cause this Ordinance to be published, at least once, in a newspaper of
general circulation published and circulated in the City of Azusa, California. This Ordinance
shall take effect thirty (30) days after the date of adoption.
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ADOPTED AND APPROVED this 2nd day of July 2012.
seph R. Rocha, Mayor of the City of Azusa
AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ATTEST:
i
Vera Mendoza, City Clerk of the- ' y of Azusa
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I, VERA MENDOZA, City Clerk of the City of Azusa, do hereby certify that the
foregoing Ordinance No. 12-04, was duly introduced and placed upon its first reading at a
regular meeting of the Azusa City Council on June 18, 2012 and that thereafter, said Ordinance
was duly adopted and passed at a regular meeting of the Azusa City Council on the 2"d day of
July 2012 by the following vote, to wit:
City Clerk of the giK of Azusa
APPROVED AS TO FORM:
Marco . Martinez, Cit I
Attome'
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