HomeMy WebLinkAboutAGENDA REPORT 2012 0502 CC REG ITEM 11A R%itv Council hrieetin�
ITEM 11.A.
ORDINANCE NO. 413
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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Ordinance No. 413
Page 2
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 2nd day of May, 2012.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
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