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Home My WebLink AboutAGENDA REPORT 1991 1106 CC REG ITEM 09BN I MOORPARK 799 Moorpark Avenue Moorpark. California 93021 (805) 529 -6864 'PARK, CALIFORNIA )' Councl Meeflng 199 � M E M O R A N D U M ACTION: TO: = The Honorable City Council gy �.,�'" !...._. FROM: Patrick J. Richards, Director of Community Development DATE: November 5, 1991 (Revised) (CC Meeting of 11 -6 -91) SUBJECT: AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING CERTAIN PROVISIONS.OF CHAPTER 5.64 TO TITLE 5 OF THE MOORPARK MUNICIPAL CODE; PERTAINING TO PEDDLERS, ITINERANT MERCHANTS AND SOLICITORS BACKGROUND Staff is recommending an amendment to the Location Restrictions in Section 5.64.130 of Chapter 5.64, Peddlers, Itinerant Merchants and Solicitors of the Municipal Code. The concern of staff is that this section of the Code does not curreritly provide sufficient language to allow for proper enforcement tc support the City's interest in protecting the children's hea.ltt, safety and welfare in this regulation at locations such as E� ementary, or secondary public, private schools and public parks DISCUSSION Section 5.64.130 of Chapter 5.64 is proposed to be revised as follows (strikeout identifies proposed deletions; highlight indicates proposed new language)- 5.64.130 Location Restrictions. A. No person required to be licensed pursuant to this chapter shall go to or enter an area within-one- quarter (1/4) mile of an be Fill y elementa —ei sue, • �svrr. E�Earii�#4i^.txrtr .ww.c,...»:»....a;..�.. ,,..,.. � .._,_ ..... 4- -..0 :: ��Qn tor the purpose o engaging''* the business for which he is licensed. p e B. The prohibition of this section rson invited to callto thexpo�y shall not apply to any elemexatax ar the principal �etea_e� secondary ;pub3 c. ar .prvat of `or - ��g- rehr4 or puil3caxk �eheei by the school �-;�thF�r autfiorzed person thereof 1 . PAUL W. LAWRASON JR. Mayor BERNARDO M PEREZ SCOT" MON COME RY Mayor Pro Ter ROY E. TALLEY JR_ JOHN E. WOZNIAK C n,n: ili` mb Councilmember Councilmember A draft ordinance is attached revisions to Section 5.64.130. RECOMMENDATION to implement the recommended Introduce the Ordinance amending aec..iori 5.64.130 of Chapter 5.64 for first reading Attachments: Copy of Proposed 0- dinance Copy of Chapter 5.14 2 ORDINANCE NO . _ L) AN ORDINANCE OF THE C ;ITY OF MOORPARK, CALIFORNIA AMENDING SECTION 5.64.130 OF CHAPTER 5.64 TO TITLE 5 OF THE MOORPARK MUNICIPAL CODE; PERTAINING TO PEDDLERS,ITINERANT MERCHANTS AND SOLICITORS. WHEREAS, Section 5.64.130 of the Municipal Code of the City of Moorpark sets forth location rest.- icti.ons of said code; and WHEREAS, Section 5.64.130 does not currently address location restrictions or the City's .interest in protecting ildren's health, safety and welfare atv...�1.enta»�r...rr. aa�- �t„ni, .. �: :r, s ;; ...,. «. i THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIF RNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 5.64.130 )f Chapter 5.64�o Title 5 of the Moorpark Municipal Code is hereby amended to rea as follows: Section 5.64.130 Location_ Restrictions. A. No person required to be licensed pursuant to this cha er shall go to or enter an area within one - quarter (1/4) mile f any elementary c secondary public o private sch.oe . c r any pu1� is park between the hours of eight (8:00) a.m. and f�o,ir 4.00 ) p/' m. on days school is session, for the purposes of engaeiing in the /business for which he or she is licensed. B. The prohibition of this section all not apply to any person invited to call bny el.ementa or secondary public t7 -- b Y private school W t --he pri ci a 1 of the school, or other authorized pers 6` of Section 2. The City Council :iereb� deems that this ordinance shall take effect 30 days after_ pissag and adoption. Section 3. The City Counoil. h�reby directs that the City Clerk (1) shall certify the passage a d adoption of this ordinance, (2) shall enter this ordinance in tl� book of original ordinances of the City of Moorpark, (3) shall m ke a minute of the passage and City Council which adopted this )mt nanc.e, and (4) shall within fifteen�(15) days after passage and'adopt..ion, cause this ordinance to be published in a manner descr: bed by law. PASSED, APPROVED, and ADOPTEI this day of MAYOR ATTEST: Lillian E. Kellerman City Clerk ,1991. MAR11N RK _ E' a LIENN'S f L OYI) JAMES - ADS HA W, JR' L'NDA L OAUBE MARK C -',.EN, JR • M LOIS BOBAK MA.- _ 9,RKE' ROBERT V WADDE.N CAPL K IE-ON' FRANK -I WHITI' AD III J ROBE = - '_ANORICK- MARYANN NORMAN E �AAR1 TIMOTHY 9 Mc05KF R ED- DIANA L FIELD -F-S = -?V RKE• PIT. J MUNSON LELANG = :`DLL EY• STEIEN 10--1 THOMAS _ EELEY' JAMES F KIGALI NEIL F •EAGER' TERRY P KAUFMANN BRIAN A °ERIK' STEPHEN R ONSTOT CHARLES M CALDERON' JAIME AREVALO PETER M TuOPSON' F DANIELS CRAWFOR(., IJZ JERRY M PATTERSON JOHN E CJAVANAUGH HAROLD A BRIDGES' MARK D HENSLE1 CHERYL) KANE' PETER O TRE'.MBLA.Y RAYMOND J F-UENTES' ROGER T ITO VIRGINIA R PESOLA GILBERT A TPLUILLO 5 PAUL BP'JGUERA GREGOPY P PRIAMOS B DEREK STRAATSMA DAVID M MCCARTHY DOUGIAS C HOLLANO JOSEPH P BUCHMAN DON G KIRCHER GPEGORY T DION MICHELE: VADON- RIVERA ANTHONY P CONOOTTI SCOTT F FIELD AUDREY HO MARY REDUS GAYLE' KAREN J SCHULDT RUFUS G YOUNG, JR. JANET S GARMSS KATHRYN P PETERS- PAUL C ANDER50N LISA E KRANITZ KIM E M-LLY BRENOA L DIEDERICHS ;v IE551- CORPOFIATION TA PROFESSIONAL ASSOCIATION ADMITTEr KANSAS 6 M1550URI °ADMITTp MN$AS SADMITTp Ih _AUFORNI! KAFIKAS 6 .-0— SI >HE NSE,N ,II v ✓t �, 1 r I� I I I_c�5 ANV EI.F i F i October, 9, 1.99: Mr. Patrick Richards Director of Community Developmf - -It City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 Re: Proposed Ordinance Amending Municipal Code Section 5.64.130 Dear Pat: �ENTURA COUNTY OFFICE 2310 PONDEROSA DRIVE SUITE I t- AMARILLO, CALIFORNIA 93010 18051 987 3468 ,RANGE COUNTY OFFICE 3200 BRISTOL STREET 5UITE 640 COSTA MESA, CALIFORNIA 92626 (]141 545 -5559 LIGHTON PLAZA 1300 COLLEGE BOULEVARD SUITE 220 OVERLAND PARK, KANSAS 66210 1913) 339-6200 a COUNSEL DWIGHT A NEWELL WRITER'S DIRECT DIAL 213- 236 -2721 OUR FILE NO 01359 -001 By memorandum dated October 2:, 1991, you have requested review of the above - described ordinance, as revi5-ed. Having expressed to you our constitutional issue concerns in a previous letter d,ited September 27, 1991, our current review is limited to th1) revisions made to the face of the ordinance. Our comments are as fc.' lows- 1. Second recital. `he second and third lines of this recital are unintelligible 2. Section 5.64.130A The reference to schools and parks is grammatically incozrect; Lt should read "any elementary or secondary public ,,r private school or any public park ". However, the tim, limitation as applied to Mr. Patrick Richards October 28, 1991 Page 3 public parks is probably wit:hoti.t supportable rationale; it is during those hours that children who are old enough to be in a public park without adult. supervision are in school. 3. Section 5.64.1.30E Again, the reference to schools is grammatically incorrection; it should read "the elementary or secondary public )r pri,,,ate school ". Finally, as a matter (_.t cour:_e, all ordinances should have a severability clause; in the case of this ordinance such a clause is extremely important because of the outstanding constitutional ssues If you have any questi_:)ns regarding my comments please do not hesitate to cont-1 -t me . 'E .Y tr 1y yours, RY L J . K, N "2 �Y .ATTORNEY, MOORPARK; and W LLIAMS & SORENSEN CJK:hsk cc: Steven Kueny, City Manaq(i cjk /LTR504981. ITEM 9 Q MOORPARK 799 Moorpark Avenue Moorpark California 93021 (805) 529 -6864 M E M O R A N D U, M TO: The Honorable City Coun °i.l FROM: Patrick J. Richards, Di.- -ector of Community Development DATE: October 2, 1991 (CC Mee *..in(j of 11 -6 -91) SUBJECT: AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING CERTAIN PROVISIONS OF CHAPTER 5.64 TO TITLE 5 OF THE MOORPARK MUNICIPAL CODE; PERTAINING TO PEDDLERS, ITINERANT MERCHANTS AND SOLICITORS BACKGROUND Staff is recommending an amendment to the Location Restrictions in Section 5.64.130 of Chapter 5.64, Peddlers, Itinerant Merchants and Solicitors of the Municipal Code. The concern of staff is that this section of the Code does not currently provide sufficient language to allow for proper enforcement t( support the City's interest in protecting the children's healt}, safety and welfare in this regulation at locations such as t- 1ementary, or secondary public, private schools and public parks.. DISCUSSION Section 5.64.130 of Chapter 5.64 is proposed to be revised as follows (strikeout identifies .)roposed deletions; highlight indicates proposed new language): 5.64.130 Location Restrictions. A. No person required to be licensed pursuant to this chapte2 shall. go to or enter an area within -one- quarter (1/4) mile of any cal efaent a h s-el}6 -1 sehee! -ice '77 77 =or the purpose o engaging in the business for whict he .is licensed. A draft ordinance is attached revisions to Section 5.64.130. RECOMMENDATION. to implement the recommended Introduce the Ordinance amending :section 5.64.130 of Chapter 5.64 for first reading Attachments: Copy of Proposed Ordinance Copy of Chapter 5.t4 ORDINANCE '140. AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA AMENDING SECTION 5.64.130 OF CHAPTER 5.64 TO TITLE 5 OF THE MOORPARK MUNICIPAL CODE; PERTAINING TO PEDDLERS,ITINERANT MERCHANTS AND SOLICITORS. WHEREAS, Section 5.64.130 of the Municipal Code of the City of Moorpark sets forth location restrictions of said code; and WHEREAS, Section 5.64.130 does not currently address location restrictions or the City's interest in protecting children's health, safety and welfare at elementary, secondary, public private and public parks; THE CITY COUNCIL OF THE CIT'` OF' MOORPARK, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 5.64.1.30 of Chapter 5.64 to Title 5 of the Moorpark Municipal Code is hereby amended to read as follows: Section 5.64.130 Location Restrictions. A. No person required to be licensed pursuant to this chapter shall go to or enter an area within one- quarte (1 /4j mile of any elementary, secondary, public, private schools and public parks between the hours of eight (8:00) a.m. and fc.ur (4:00) p.m. on days school is session, for the purposes of enga#incl it the business for which he or she is licensed. B. The prohibition of this section shall not apply to any person invited to call to the elementary, or secondary, public, private schools by the principal `he s` -pool, or other authorized person thereof. Section 2. The City Council hereby deems that this ordinance shall take effect 30 days after- passage and adoption. Section 3. The City Counc_<L hereby directs that the City Clerk (1) shall certify the passage and adoption of this ordinance, (2) shall enter this ordinance in the book of original ordinances of the City of Moorpark, (3) shall make a minute of the passage and City Council which adopted this ,rd.inance, and (4) shall within fifteen (15) days after passage and adoption, cause this ordinance to be published in a manner desci- beet by law. PASSED, APPROVED, and ADOPTE! t:.h:f_s __.._.__..day of , 1991. MAYOR ATTEST: Lillian E. Kellerman City Clerk 5.60. 120 5.60.120 Unmarked newsracks. Whenever the registra- tion authority finds that a newsrack does not have the name, address and telephone number of the owner thereof placed upon such,newsrack, in compl -ance with Section 17570 et seq. of the Business and Professions Code of the state, he or she shall make every reasonable effort to ascertain the owner thereof. If the registration authority is unable to deter- mine ownership, he or she shall summarily impound such news - rack and, notwithstanding Section 5.60.070, the newsrack shall immediately be deemed t.o be unclaimed property in pos- session of the city. The registration authority shall sell or otherwise dispose of such newsrack and its contents in accordance with law. (Ord. 22 52(part), 1990) Chapter 5.64 PEDDLERS, ITINERANT MERCHANTS AND SOLICITORS ,, Sections: 5.64.010 Definitions. 5.64.020 License -- Required. 5.64.030 License- -Excep -ions. 5.64 .040 License -- Appli:ation. 5.64.050 License - -Fee. 5.64.060 5.64.070 License-- Photo(.rraphing and fingerprinting. License-- 5.64.080 Appro,.al authority. License -- Content. 5.64.090 License-- Exhib;tir,g. 5.64.100 License-- Subsecuert. 5.64.110 License --Void n ciscovery of false information. 5.64.120 5.64.130 Hours of operation. 5.64.140 Location restr' ticns. vehicle tags. 5.64.150 5.64.160 Parking restr :. -ions. Temporary per:: `.s. (Moorpark 10/90) \ �I 0 J 5.64.010 -- 5.64.030 5.64.010 Definitions. As used in this chapter: A "hawker" is a peddler who not only carries goods for sale, but seeks for purchasers either by shouting, or by attracting notice and attention to them as goods for sale by actual exhibition or expcsure of them, by placards or la- bels, by the sound of a horn, or by other means. Each em- ployee of a hawker is required to obtain a hawker's license. A "peddler" is defined as any person who goes from house to house or from pi _ice to place seeking to make con- current sale and delivery of the goods, wares and merchan- dise in which he deal, i :cllzdi.ng, but not limited to sale and delivery of foods. A "solicitor, drummer- or canvasser" is any person who goes from place to place )r from house to house taking or attempting to take orders for the sale of goods, wares or merchandise of any nature whatsoever for future delivery, or for services to be furnisrred or performed in the future, whether or not such indiv.dua.l has a sample, or whether or not he is collecting advance payments. A "telephone solicit( r" is any person who, by use of the telephone, solicits invitation from owners or occupants of private residences for the purpose of taking or attempt- ing to take, or who takes :)r attempts to take, orders for the sale of goods, wares +nd merchandise, of any nature whatsoever for future del •,very, ;•)r for services to be fur- nished or performed in th= future=, whether or not such individual has a sampl(?, whetter or not he is collecting advance payments. A "transient or itinc_ ,-ant merchant" is any person who establishes himself in bu; :Lness with the intention and de- termination to remain in 1- isiness for a short period of time only, whether such period .s 3 definite or indefinite one, such as a period of one D;_ mere weeks or months, or un- til a particular stock of -,er-harldise is disposed of, or until the local market f�" th> onmodity handled by the dealer has been exhaust (: , a :i( engages i �r1, for such limited period or occupies a b i : 7 : i ,(; :)r other place for the ex- hibition and safe of hi ? :, )r wares. (Ord. 60 51 (part) , 1986} 5.64.020 License - -pe ident or the city or nor_, is employed at an estabil.s shall engage in the city transient or itinerant mer vasser or telephone soli._ cense therefor. (Ord. u-1 -ed. No person, whether a res- r 'N.hether the person maintains or 'c place of business or not, horsiness of peddler, hawker, art, : olicitor, drummer or can - _lr witl,aut first obtaining a li- Pd,- *', , 1986) 5.64.030 Li this cense -_ .; r_i_er, A. Section 5.64.020 chapter shall not E '._, 3 employee who operates vehicle owned by his emP_ r r: is employer business 1y 1 , engages in anc. -i : 1 is products from two 1 of a (2) I. 5.64.040 -- 5.64.070 or more vehicles used in his trade, and the employee per- sonally appears before the sheriff and: 1. Submits to the shcyriff such information as the sheriff shall require; iff; 2. Is fingerprinted nd phcto�qraphed by the sher- 3. Obtains an identi :icaticn card from the sheriff containing such information a::, the sheriff shall require; 4. Carries his ident::.fication card on his person at all times that he is engaged -i the business of his employ- er; 5. Exhibits his ident...ificati.on card whenever re- quested to do so by law enfor:::ement w)fficer or any person with whom he is engaged in :sealing or soliciting. B. The provisions of this chapter shall not apply to the following persons: I. Wholesale Salesmen. Persons selling to or so- liciting of established places of business; 2. Invitees. Persons invited to call upon private residences by the owner or oc-c:zpa.Zt thereof for purposes of peddling or soliciting. (Orc:i 6 ) 51 ;)art) , 1986) 5.64.040 License -- Application. Any person desiring to obtain a license required by—ti-,13 chapter shall appear per- sonally before the sheriff and make a written application to " the sheriff therefor, stating A. The name and descr.ipt:_on opl�helag information: B. The permanent home ad rr,<;,_ , applicant; i of the applicant; a full local address t C. The nature of the bus,ne�..s to be conducted; D. The name and address ' the «?mployer, if any; E. A statement as to whe °her or not the applicant has been convicted of any felony :) misderleanor, the nature of the offense and the punishment 7r pen,r.lty assessed therefor, exclusive of the city ordinan.:- violations and violations of the Vehicle Code not constitut:. :c a long; F. A statement as to tla.> ;umber of vehicles his trade and from which the <3 used in i. _.l.ic: r.s products are sold t and delivered. (Ord. 60 511j), } r,." --5.64.050 License - -Fee. ;e fee for obtaining any li- cense required by this chapter h311. lution of the city council. J established by reso- E� 51(part), 1986) 5.64.060 License-- Photocr :C:ILr'cT -and finerprintinQ. Each applicant cr shall be hot�;c P (Ord. 60 51(part), 1986) fingerprinted. 5.64.070 License -- Aopr,,%, , finds that the a ' -`' `111thc'~it"'. If the sheriff PPl- cation p, -( �v i +'c! �c in Section 5.64.040 5.64.080 -- 5.64.130 of this chapter, chapter complies with all the requirements of this he (part), shall aT:prove ':.he application. (Ord. 60 51 19861 5.64.080 License -- Content. The form of any license required mation: by this ch:.lpter shall contain the following infor A. B. The nature .)f the business to be conducted; The - -- Subsequent. One license may be ob- name the licensee; C. D. The place ,3r which the license is issued; The of this chapter, irre- cf bona fide amount :,)aid fc,r the license; E. F. The date u1._)n vhich the license is issued; The date G. oi expiration of the license; The licensee name o°: each person or company for whom the will act +::r: work:. (Ord. ;Id unt'Il he obtains another license fo ;yer. 60 51 (part) , 1986) C 5.64.090 License - - Exhibiting. The license shall be exhibited by the li.c��nsee whenever forcement officer or requested by a law en- any person with whom the engaged in solici_:cr licensee is ( )1- sc�ili.ng. (Ord. 60 high school 51 (part) , 1986) 5.64.100 License tained by any - -- Subsequent. One license may be ob- person nesses specified �n engaging in one or more of the busi- ection 5.64.030 spective of the number of this chapter, irre- cf bona fide the applicant for t.h� employers designated by License. any business not des..jnated A licensee may not engage i; in the license engage in any busin.�.s license form unless form or may for 4an employer not designatedyinoth( that business or ema ;Id unt'Il he obtains another license fo ;yer. (Ord. 60 51(part), 1986) 5.64.110 Licen_'_'_'- tion. A license is; -Void on discovery of false informa- statement or inform s:oa aid from the date of issuance if any suLmitted by the he to Section 5.64.040) c a pliccant Pursuant t-1i.s yapt.�r is untrue. (Ord. 60 sr -) 1�86� totally partially 5 .64. 120 Hours licensed pursuant tc f ,reT a� ion. No person required to be n1.; chapter. residence, hotel o,: c of seven shall go to or enter any IZer dwoi1_ing place between {7:00) p.;n. engaging Ln the burin the hours :00) a.m. for the Purpose of upon invitation of t :;�1 s:, for wh which he is licensed except c�ccu�,zr,t (Ord. 60 51(part), 11) of the dwelling e n g place. , 5.64.130 Locati.: quired to be l Lcens,�, :1 or enter tary or an area wi t.1. high school and four (4:00) p.m.;a Purposes of engaginc; censed . Q• The prohib; n restrictions. A. No person re- _)ursuar.t to this chapter shall go to cne _ {uarter (A) mile of any elemen- "_ween the hours of eight (8 :00) a.m. days school is in session for the to :usiness for which he is li- n his section shall not apply to 111 t 5.64.080 -- 5.64.130 of this chapter complies with all the requirements of this \ - chapter, he shall approva the application. (Ord. 60 51 (part) , 1986) 5.64.080 License-- +_.ontent. The form of any license required by this chapter shall ��ontain the following infor- mation: A. The nature of t:e busi :cress to be conducted; B. The name of the licensee; C. The place for which the license is issued; D. The amount paid for the license; E. The date upon which the license is issued; F. The date of exp- ration of the license; G. The name of eact person or company for whom the licensee will act or wore. (Orr- 60 51(part), 1986) 5.64.090 License.-- Exhibiting. The license shall be exhibited by the licensee whenever requested by a law en- forcement officer or ar3ly :�ersor4 with whom the licensee is engaged in soliciting o: selling. (Ord. 60 51(part), 1986) 5.64.100 License- •- S.ibseQuent. One license may be ob- tained by any person engaging in one or more of the busi- nesses specified in Section 3.64.030 of this chapter, irre- spective of the number c::af' bona fide employers designated by the applicant for the l.i.c ,nse . A licensee may not engage in any business not designated In t:he license form or may not J engage in any business 4 "c in employer not designated in the license form unless and u t:: he obtains another license for that business or emplover Orci , 60 51 (part) , 1986) 5.64.110 License - -v( id on discovery of false informa- tion. A license is vO�-d ram the date of issuance if any statement or information abm.itt(sd by the applicant pursuant to Section 5.64.040 of th > chap, :er is totally or partially untrue. (Ord. 60 5.64.120 Hours of _)�eratior. No person required to be licensed pursuant to th.LS :hapter shall go to or enter any residence, hotel or other- iwelli.rg place between the hours -75f seven (7:00) p.m, to i. :e (9:`O) a.m, for the purpose of engaging in the business ;,r 1111:_h he is licensed, except upon invitation of the :r tFa— r (Ord. 60 §1 (part) , 198(-,) f the dwelling place. 5.64.130 Location i:c_=_.tcict,ons. A. No quired to be licensed '`e person re- to or enter an area within or,,,> ,.quartertl ( } ) cmileeofsanllegemen- or h�gh school etwee e ours o eig t (8 00 a. �lp7Q nd four 0 pur poses 1 he censed. engaging Ln tr ..)usLr :_ or which e is li- B - The prohibitio:a Yt :.i >ection shall not apply to