HomeMy WebLinkAboutAGENDA REPORT 1996 0702 CC SPC ITEM 10HCITY OF MOORPARK
CITY COUNCIL REPORT
TO: The Honorable City Council
FROM: Mary K. Lindley, Assistant to the City Manager
DATE: June 18, 1996 (CC Meeting of July 2)
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SUBJECT: Consider Adopting Ordinance No. _, Regarding the Solicitation of
Employment, Business or Contributions of Money or Other Property within
the City
Background
On June 5, 1996, the City Council directed staff to draft an ordinance to restrict the solicitation of
employment, business and contributions to or from persons in a vehicle. The City Council's
stated goal for pursuing this ordinance was to mitigate the safety hazards that are created when
people solicit work or business from or to individuals in vehicles while in the public right -of -way
or private commercial parking lots. An example of such a situation in the City of Moorpark is the
current activity involving individuals soliciting work at that the southwest corner of High Street
and Spring Road.
The Ordinance prepared by staff is modeled after the Agoura Hills Ordinance No. 91 -919 which
was successfully defended and upheld by the Appelate Court. The proposed Ordinance prohibits
the solicitation of employment, business or contributions from or to any person in the public right -
or -way or a commercial parking lot if one of the individuals involved is in a vehicle. Violations of
the Ordinance would be cited as an infraction. The proposed Ordinance has been reviewed by the
City Attorney.
Recommendation
Adopt Ordinance No. 96 -_ regarding restricting the solicitation of work, business or
contributions.
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AMENDING THE MOORPARK
MUNICIPAL CODE BY ADDING ARTICLE V TO CHAPTER
10.04 RELATING TO THE SOLICITATION OF
EMPLOYMENT, BUSINESS OR CONTRIBUTIONS OF
MONEY OR OTHER PROPERTY WITHIN THE CITY
WHEREAS, persons congregate within public streets, driveways, highways and
sidewalks and in commercial parking lots in the City to solicit or attempt to solicit employment,
business or contributions from the occupants of vehicles on public streets, driveways or highways
or in commercial parking lots; and
WHEREAS, the practice of congregating within public streets, driveways, highways and
sidewalks to solicit employment, business or contributions from the occupants of vehicles creates
traffic safety hazards by disrupting the flow of traffic and encouraging illegal parking along curbs
posted for no stopping or parking, and is a safety risk for the persons engaging in the solicitation;
and
WHEREAS, the practice of congregating in commercial parking lots for the purpose of
soliciting employment, business or contributions results in the disruption of the intended use of the
lots by customers and occupants by limiting accessibility, creates a financial hardship for business
owners, and causes safety hazards by blocking parking lot driveways, encouraging illegal parking
adjacent to parking lots, and hindering traffic flow within parking lots;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES ORDAIN AS FOLLOWS:
Section 1. The Moorpark Municipal Code is hereby amended by adding Article V to
Chapter 10.04 to read as follows: Article V. Solicitation in Public Right -of -Way and within
Commercial Parking Areas.
10.04.500 Definitions - For the purposes of this Article, 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.
10.04.5 10 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 traveling in a vehicle along a public right -of -way, including, but not limited to
public streets, highways or driveways.
(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.
10.04.520 Prohibition of Solicitation in Unauthorized Locations Within Commercial Parkin¢
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 (1) 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
City files; and,
(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 (18) by twenty -four (24) inches in size with lettering not less
than one (1) inch in height and not to exceed in total area, six (6) square feet. The notice shall be
in substantially the following form:
"It is unlawful to engage in the solicitation of employment, business or
contributions of money or other property in areas of this commercial parking lot which are not
approved for such activity by the property owner."
10.04.530. Vilation - Penalty
Any person who violates any provision of, or fails to comply with any requirement
of this article is guilty of an infraction and upon conviction thereof shall be punished in accordance
with Chapter 1.12 of this code.
Section 2 If any section, subsection, sentence, clause, phrase 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, or portion thereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases or portions may be declared invalid or unconstitutional.
Section 3 This ordinance shall become effective thirty (30) days after its passage and
adoption.
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 the 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, within fifteen (15) days after the passage and adoption
hereof, cause the same to be published once in a newspaper of general circulation designated for
that purpose.
APPROVED and ADOPTED this day of July, 1996.
Paul W. Lawrason Jr.
Mayor
Attest:
Lillian Hare
City Clerk
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