HomeMy WebLinkAboutAGENDA REPORT 2012 0418 CC REG ITEM 09B ITEM 9.13.
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MOORPARK CITY COUNCIL af__R_____
AGENDA REPORT ACTION:
TO: Honorable City Council
FROM: Deborah S. Traffenstedt, Deputy City Manager
BY: Maureen Benson, City Clerk `t,.y
DATE: March 28, 2012 (CC Meeting of 4/18/12)
SUBJECT: Consider an Ordinance Deleting Section 10.04.320, Prohibition of
Solicitation in the Public Right-of-way, of Chapter 10.04, Traffic Code, of
Title 10 of the Moorpark Municipal Code
BACKGROUND AND DISCUSSION
The City Attorney is recommending Section 10.04.320, Prohibition of Solicitation in the Public
Right-of-way (Attachment A), be deleted from the Moorpark Municipal Code. The Supreme
Court declined the City of Redondo Beach's request to reconsider the 9th U.S. District Circuit
Court of Appeal's ruling that struck down that city's solicitation ordinance. The Redondo
Beach law, which was overturned, made it illegal for any person, while standing on the
sidewalk, to request work from motorists. The Circuit Court stated that the law "regulates
significantly more speech than is necessary to achieve the city's purpose of improving traffic
safety".
The City of Moorpark received a letter from the Mexican American Legal Defense and
Educational Fund demanding the repeal of Section 10.04.320 of the Moorpark Municipal
Code, declaring it unconstitutional. After reviewing the letter and the court rulings, the City
Attorney has advised that the section should be deleted.
Attached is a draft ordinance (Attachment B) showing the deletion of Section 10.04.320. This
ordinance has been reviewed and approved by the City Attorney.
FISCAL IMPACT
There is no fiscal impact for deleting Section 10.04.320 other than the printing costs for
updating the code, which are budgeted for in the normal course of business.
STAFF RECOMMENDATION
Introduce Ordinance No. for first reading, waive full reading, and schedule second
reading and adoption for May 2, 2012.
Attachments: A. Current Section 10.04.320
B. Draft Ordinance
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Honorable City Council
April 18, 2012, Regular Meeting
Page 2
ATTACHMENT A
CURRENT MOORPARK MUNICIPAL CODE
SECTION 10.04.320
10.04.320 Prohibition of solicitation in public right-of-way.
A. It is 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, public streets, highways
or driveways.
B. It is 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
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Honorable City Council
April 18, 2012, Regular Meeting
Page 3
ATTACHMENT B
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA,
DELETING SECTION 10.04.320, PROHIBITION OF SOLICITATION IN
THE PUBLIC RIGHT-OF-WAY, OF CHAPTER 10.04,TRAFFIC CODE,
OF TITLE 10, VEHICLES AND TRAFFIC OF THE MOORPARK
MUNICIPAL CODE
WHEREAS, Section 10.04.320 of the Moorpark Municipal Code was adopted by
Ordinance 218 to prohibit solicitation in the public right-of-way; and
WHEREAS, the current language of Section 10.04.320 of the Moorpark Municipal
Code is not in compliance with a recent U.S. Supreme Court ruling denying an appeal by
the City of Redondo Beach of the Ninth Circuit Court of Appeals' ruling that struck down the
city's solicitation ordinance; and
WHEREAS, the Ninth Circuit Court of Appeals' ruling stated that the City of
Redondo Beach law regulating solicitation in the public-right-way regulated significantly
more speech than is necessary to achieve the city's purpose of improving traffic safety; and
WHEREAS, the City Attorney for the City of Moorpark has recommended deleting
Section 10.04.302 in its entirety; and
WHEREAS, at the regular meeting of April 18, 2012,the City Council determined to
delete Section 10.04.320 from the Moorpark Municipal Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
ORDAIN AS FOLLOWS:
SECTION 1. That Moorpark Municipal Code Section 10.04.320, Prohibition of
Solicitation in the Public Right-of-way, of Chapter 10.04, Traffic Code, is hereby deleted in
its entirety.
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.
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Honorable City Council
April 18, 2012, Regular Meeting
Page 4
SECTION 4. The City Clerk shall certify to the passage and adoption of this
ordinance; shall enter the same in the book of original ordinances of said City; shall make a
minute of the passage and adoption thereof in the records of the proceedings of the City
Council at which the same is passed and adopted; and shall publish notice of adoption in
the manner required by law.
PASSED AND ADOPTED this day of May, 2012.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
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