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HomeMy WebLinkAboutORD 1099ORD 1099ÜÂ;¢f쨻 ORDINANCE NO. 1099 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADDING CHAPTER 5.60 TO ThE BALDWIN PARK MUNICIPAL CODE REGULATING SOLICITATION OF ALMS WHEREAS, the City Council of the City of Baldwin Park is becoming increasingly concerned about the aggressive panhandling and begging occurring near the entrances and exits of places of business throughout the City, and in the parking lots and common areas of shopping malls or centers throughout the City; and WHEREAS, the City Council of the City of Baldwin Park is concerned that said aggressive panhandling and begging will have a detrimental impact on the health, safety, and welfare of the residents of the City, in that the Council and City staff have been advised by business owners that such begging and soliciting have caused potential customers of businesses throughout the City' to feel intimidated and/or harassed, thereby injuring particular businesses and driving customers and sales tax revenues out of the City of Baldwin Park; and WHEREAS, it is not the intent of the City Council of the City of Baldwin Park to completely prohibit the solicitation of alms in the City, but instead to narrowly tailor the prohibition of the solicitation of alms to protect businesses, potential customers of businesses, and the City's sales tax revenues. NOW, THEREFORE, the City Council of the City of Baldwin Park does ordain as follows: Section 1. Chapter 5.60 is added to the Baldwin Park Municipal Code as follows: Chapter, 5.60 SOLICITATION OF ALMS Sections: 5.60.010 Purpose and Intent of Ordinance 5.60.020 Definitions 5.60.030 Solicitation Prohibited 5.60.040 Penalty 5.60.010 PURPOSE AND INTENT It is not the intent of the City Council of the City of Baldwin Park to completely prohibit the solicitation of alms in the City of Baldwin Park. Rather, it is the purpose and intent of the City Council, through adoption of this Chapter, to provide additional enforcement tools to protect businesses and their potential customers from harassment by beggars or solicitors of alms, and from persons soliciting donations in exchange for token service. Victims of the conduct prohibited by this section include the persons accosted, the owners and employees of businesses which lose customers because such begging or soliciting have caused the potential customers to feel intimidated and/or harassed, and the City as a whole, which loses sales tax revenues because of lost sales. BIB] 37643-U01 ORD-U02 1099-U02 LI2-U03 FO4263-U03 FO4300-U03 DO4318-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1099-U05 MAR-U05 1-U05 1995-U05 ORD 1099ÜÂ;¢f쨻 Page No. 2 Ordinance No. 1099 5.60.020 DEFINITIONS Alms" includes, but is not limited to, charitable donations, money, or other charitable aid. Token service' includes, but is not limited to, the wiping or cleaning of glass on automotive vehicles. 5.60.030 SOLICITATION PROHIBITED No person shall accost any other person in, or on, any public place, or in, or on, any place open to the public for the purpose of begging for alms or soliciting alms in exchange for a token service that has been provided or promised. This section shall apply only to areas within 50 feet of the entrance or exit of a business establishment, unless such business establishment is located in a shopping mall or shopping center, in which case this section shall also apply to the parking areas and common areas of that shopping mall or shopping center. Further, this section shall not apply to individuals or groups who are soliciting donations or services on behalf of a duly licensed non-profit or charitable organization. 5.60.040 PENALTY Any violation of this chapter is a misdemeanor. Section 2. Severability If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason deemed to be or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Baldwin Park hereby 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 other portions might subsequently be declared invalid or unconstitutional. Section 3. Publication The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published in the manner prescribed by law. PASSED AND APPROVED on March 1, 1995 MAYOR STATE OF CALIFORNIA COUNTY OF LOS ANGELES) 99 CITY OF BALDWIN PARK I, LINDA L. GAIR, City Clerk of the City of Baldwin Park, do hereby certify the foregoing Ordinance BIB] 37643-U01 ORD-U02 1099-U02 LI2-U03 FO4263-U03 FO4300-U03 DO4318-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1099-U05 MAR-U05 1-U05 1995-U05 ORD 1099ÜÂ;¢f쨻 Page No. 3 Ordinance No. 1099 No. 1099 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on February 15 1995. That, thereafter, said Ordinance was duly approved and adopted at a regular meeting of the City Council on March 1 1995 by the following vote: AYES LOWES. MARTINEZ. LOZANO, MUSE, MAYOR VARGAS NOES NONE ABSENT: NONE ABSTAIN: NONE BIB] 37643-U01 ORD-U02 1099-U02 LI2-U03 FO4263-U03 FO4300-U03 DO4318-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1099-U05 MAR-U05 1-U05 1995-U05