HomeMy WebLinkAboutORD 1070ORD 1070 pT3 (Ìì ¿ Õ ORDINANCE NO. 1070
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BALDWIN PARK AMENDING CHAPTER 12.05 OF
TITLE 12 OF THE BALDWIN PARK MUNICIPAL CODE
RELATING TO THE PROHIBITION OF SALES ON
PUBLIC RIGHTS-OF-WAY
WHEREAS, while the common right to use the Public
Right-Of-way for public passage is a right granted to all, there
is no right to use the Public Right-Of-way for Selling any Goods
or Services; and
WHEREAS, the stopping of vehicles or persons on the Public
Right-Of-way for the purpose of Selling of any Goods or Services
creates a hazard to traffic and nuisance to pedestrians; and
WHEREAS, the City Council desires to protect the public
health, safety and welfare from the aforementioned hazards by
prohibiting the Selling of any Goods or Services in the Public
Right-Of-Way.
NOW, THEREFORE, the City Council of the City of Baldwin Park
does hereby ordain as follows:
Section 1. Chapter 12.05 of the Baldwin Park Municipal Code
is hereby amended to read in its entirety as follows:
12.05 Sales On Public Right-Of-Way Prohibited.
12.05.010 Definitions.
A. Goods or Services" shall mean any
item including, but not limited to, goods,
merchandise, wares, food, beverages or any
other tangible thing or item of any kind or
description as well as the provision of any
service or labor.
B. Parkway" shall mean that area
between the edge of the roadway and the
adjacent property line, including sidewalks.
C. Public Right-of-Way" shall mean
that portion of land dedicated to the City,
in fee, as an easement, or otherwise, for
public use for public street purposes which
includes, but is not limited to, roadways,
Parkways, alleys, sidewalks, and all other
public ways and paths.
D. Sell" or Selling" shall mean
exchanging anything of value for any other
thing of value or offering to exchange
anything of value for any other thing of
value.
12.05.020 Sales on Public Right-of-Way
Prohibited. No person shall Sell, offer for
sale, solicit the sale of, announce by any
means the availability of, or offer for
future delivery any Goods or Services on any
Public Right-Of-Way within the City of
Baldwin Park.
12.05.030 Exceptions. This Chapter
shall not apply to charitable solicitations
conducted by or for non-profit organizations
exempt under 26 U.S.C. 501(C)(3).
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ORD 1070 pT3 (Ìì ¿ Õ 12.05.040 Penalty. A violation of the
provisions of this Chapter 12.05 shall
constitute a misdemeanor and shall be
punishable by a One Thousand Dollar
$1,000.00) fine or six 6) months in the
County jail or both the fine and
imprisonment.
Section 2. Severability.
The City Council of the City of Baldwin Park hereby declares
that, should any section, paragraph, sentence or word of the
Ordinance of the Code, hereby adopted, be declared for any reason
to be invalid, it is the intent of the Council that it would have
passed all other remaining portions of this Ordinance independent
of the offending section, paragraph, sentence or word.
Section 3. Savings Clause.
Neither the adoption of the Ordinance nor the repeal of
any other ordinance of this City shall in any manner affect the
prosecution for violations of Ordinances, which violations were
committed prior to the effective date hereof, nor be construed as
a waiver of any license or penalty or the penal provisions
applicable to any violation thereof. The provisions of this
Ordinance, insofar as they are substantially the same as
ordinance provisions previously adopted by the City relating to
the same subject matter, shall be construed as restatements and
continuations, and not as new enactments.
Section 4. The City Clerk of the City of Baldwin Park
shall certify to the passage and adoption of this Ordinance and
shall cause the same to be posted and published in the manner
required by law.
PASSED, APPROVED AND ADOPTED on June 23, 1993.
ATTEST:
CITY CLERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss:
CITY OF BALDWIN PARK
I, LINDA L. GAIR, City Clerk of the City of Baldwin Park,
do hereby certify that the foregoing Ordinance No. 1070 was
introduced at a regular meeting of the City Council held on June
16, 1993, and thereafter was duly adopted by the City Council at
an adjourned regular meeting on the 23 day of June, 1993 by the
following vote:
AYES: COUNCILMEMBER GALLEGOS. MCNEILL. MARTINEZ. MAYOR VARGAS
NOES: COUNCILMEMBERS NONE
ABSENTS: COUNCILMEMBERS IZELL
CITY CLERK
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