HomeMy WebLinkAboutAGENDA REPORT 1994 1116 CC REG ITEM 11E71?.6-y
ORDINANCE NO. 91 -191
AN ORDINANCE OF THE CITY OF AGOURA HILLS
RELATING TO THE SOLICITATION OF EMPLOYMENT,
BUSINESS OR CONTRIBUTIONS OF MONEY OR OTHER
PROPERTY WITHIN THE CITY, AMENDING THE AGOURA
HILLS MUNICIPAL CODE AND DECLARING
THE URGENCY THEREOF
MAY 1 2 1994
CITY OF MOORPARK
THE CITY COUNCIL OF THE CITY OF AGOURA HILLS DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1. Article III, Chapter 2 of the Agoura Hills
Municipal Code is hereby amended by amending Sections 3208 and 3209
to read:
113208 Definitions. For the purposes of Sections 3209
and 3210, the following meanings shall apply:
(a) "business" shall mean and include any type of
product, good, 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, oral, express
or implied.
(c) "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, a
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.
3209 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 travelling
in a vehicle along a public right -of -way, including, but not
limited to public streets, highways or driveways.
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(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, sidewalk or driveway."
Section 2. Article III, Chapter 2 of the Agoura Hills
Municipal Code is hereby amended by adding thereto a new Section
3210 to read:
"3210 Prohibition of Solicitation in Unauthorized
Locations Within Commercial Parking Areas.
(a) No person shall solicit or attempt to solicit,
employment, business or contributions of money or other property,
from a location within a commercial 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
parking area" shall mean privately owned property which is designed
or used primarily for the parking of vehicles and which adjoins one
or more commercial establishments.
(c) This Section shall only apply to commercial
parking areas where the following occurs:
(i) The owner or person in lawful possession
of the commercial parking area establishes a written policy which
provides area(s) for the lawful solicitation of employment,
business, or contributions of money or other property, in locations
which are accessible to the public and do not interfere with normal
business operations of the commercial premises;
(ii) A copy of said policy is submitted to the
City Manager to be maintained in c_ *_y files; ands,
(iii) The owner or person in lawful possession
of the commercial parking area has caused a notice to be posted in
a conspicuous place at each entrance to such commercial parking
area not less than eighteen by twenty -four inches in size with
lettering not less than one inch in height and not to exceed in
total area, six 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 of money or
other property in areas of this commercial parking lot which are
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not approved for such activity by the property owner. "'
Section 3. Section 3211 of Article III, Chapter 2 of the
Agoura Hills Municipal Code is hereby repealed.
Section 4. If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held to be
invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity
of the remaining portions of this ordinance. The City Council of
the City of Agoura Hills hereby declares that it would have adopted
this ordinance and each section, subsection, sentence, clause,
phrase, or portion thereof, irrespective of the fact that any one
or more section, subsection, sentence, clause, phrase or portion
may be declared invalid or unconstitutional.
Section 5. There are existing provisions in the Agoura
Hills Municipal Code which regulate the solicitation of employment,
business or contributions within the public right -of -way and,
subject to certain requirements, in commercial parkins} areas. This
ordinance changes the existing provisions in significant respects.
Both the existing provisions and this ordinance are necessary to
protect the public from traffic hazards and other dangers which may
result from solicitations of employment, business and contributions
in certain locations. Absent the immediate effectiveness of this
ordinance, it is likely that there will be significant confusion
regarding which provisions are in effect, which may result in
increased traffic safety and other problems. The immediate
effectiveness of this ordinance is therefore necessary to prevent
confusion as to which regulations are in effect and to protect the
public safety and welfare. This ordinance is an urgency ordinance
and shall take effect immediately upon adoption.
PASSED, APPROVED AND ADOPTED this 24th day of July, 1991.
ATTEST:
L9
CITY CLERK
AYES: 5 (RISHOFF, PAVLEY, KURTZ, LEARY, MC BANE)
NOES: 0 (NONE)
ABSTAIN: 0 (NONE)
ABSENT: 0 (NONE)
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