HomeMy WebLinkAboutORD 1152ORD 1152 pT3 (Ìì § Ô URGENCY ORDINANCE NO.1152
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BALDWIN PARK AMENDING TITLE 9, CHAPTER 97 STREETS,
SIDEWALKS AND PUBLIC PLACES) BY ADDING SECTIONS 97.135
THROUGH 97.138 TO THE MUNICIPAL CODE, RELATING TO THE
SOLICITATION OF EMPLOYMENT, BUSINESS, OR
CONTRIBUTIONS WITHIN THE PUBLIC RIGHT-OF-WAY AND
COMMERCIAL PARKING AREAS.
WHEREAS, the activity of soliciting employment, business or contributions from
occupants of vehicles distracts drivers from their primary' duty to watch traffic and potential hazards
in the road, observe all traffic control signals or warnings and prepare to move through the City's
streets, public parking areas, and intersections; and
WHEREAS, the practice of soliciting employment, business or contributions from the
occupants of vehicles impedes the flow of traffic on the streets within the City, results in the delay
of and obstruction of the public's free flow of travel, and results in congestion and blockage of the
streets, driveways to parking areas, and sidewalks when such persons approach the vehicles to
negotiate with the occupants; and
WHEREAS, distracted drivers are more prone to automobile accidents and accidents
on the public streets constitute a substantial traffic safety problem which problem further impedes
and prevents the orderly flow of traffic, is unsafe for the person engaging in the solicitation,
pedestrian traffic, and the traffic generally; and
WHEREAS, drivers and occupants of vehicles who solicit business, services or
goods from those standing in the public right of way create traffic problems; and
WHEREAS, the cumulative impact of this type of activity on the City's streets,
highways and sidewalks creates a potential safety hazard, which poses a significant and
substantial risk to the interest of the public in the free flow of travel in the City; and
WHEREAS, commercial parking areas within the City are for the purpose of parking,
placing, or stationing a vehicle for the benefit of the public, clients, customers, members, and
occupants of the adjoining commercial premises; and
WHEREAS, the use of commercial parking areas for the solicitation of employment,
business, or contributions in unauthorized locations results in interference with the intended use
of the parking area because of the vehicle congestion in such area caused by vehicles whose
occupants bargain and temporarily stop to negotiate with persons who are engaged in the
solicitation; and
WHEREAS, commercial parking areas have limited accessibility to inbound and
outbound traffic through their driveways. The solicitation of employment, business and
contributions further limits such driveway access because if the blockage and congestion of such
driveways by vehicles whose occupants stop to bargain or negotiate with persons engaged in the
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ORD 1152 pT3 (Ìì § Ô Ordinance No.1152
solicitation; and
WHEREAS, the public has a substantial interest in promoting the health safety and
welfare of persons using commercial parking areas by prohibiting the solicitation of employment,
business or contributions in certain locations within such parking areas when appropriately posted
by the property owners.
WHEREAS, the practice of soliciting business, employment and contributions within
the public right-of-way and commercial parking areas results in the harassment of motorists and
pedestrians who are approached by individuals seeking business, employment or contributions;
and
WHEREAS, the City Council finds that the City's non-existent standards for the
solicitation of employment, business or contributions within the public right of way and commercial
parking areas lack sufficient safeguards to protect the public health, safety and welfare, including,
but not limited to, obstructions created by the assemblage of persons soliciting employment from
the occupants of vehicles, the delay and obstruction of the public's free flow of travel, and the
distraction of drivers; and
WHEREAS, the City Council finds that this type of activity without adequate
safeguards constitutes a current and immediate threat to public health, safety and welfare, in that
said activity could result in traffic congestion, automobile accidents due to distracted drivers,
loitering, and obstruction of the public right-of-way; and
WHEREAS, the City Council of the City of Baldwin Park believes that having an
enforceable ordinance relating to the solicitation of employment, business or contributions within
the public right-of-way and commercial parking areas is critical for the immediate preservation of
the public health, safety and general welfare, and will help to diminish the undesireable impact of
such conduct on the citizens of the City of Baldwin Park.
NOW. THEREFORE, BE IT ORDAINED by the City Council of the City of Baldwin Park,
California, as follows:
Section 1. Title 9, Streets, Sidewalks and Public Places of the Baldwin Park
Municipal Code is hereby amended to read as follows:
Sollctations of Employment, Business or Contnbulions within The Public Right of Way
and within Commercial Parking Areas".
97.135 Definitions
For the purposes of this Section, 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 anZZ
other form of consideration.
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ORD 1152 pT3 (Ìì § Ô Ordinance No.1152
B. ZCommercial parking area" shall mean privately owned property which
is designed or used primarily for the parking of vehicles and which
adjoins one or more commercial establishments.
C. Employment" shall mean and include services, industry or labor
performed by a person for wages or other compensation or under any
contract for hire, written7 oral, express or implied.
D. 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.
97.136 Prohibition of Solicitation on 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
travelling 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.
97.137 Prohibition of Solicitation in Unauthorized Locations within Commercial
Parking 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 the solicitation to perform employment
or business for the owner or lawful tenants of the subject premises.
Nothing herein shall require a private property owner to permit
solicitation at their premises.
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B. 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, which locations are
accessible to the public and do not interfere with normal
business operations of commercial premises; and
ii) A copy of said policy is submitted to the City of Baldwin Park
Planning Department, to be maintained in City tiles; 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 twenty4our 24)
inches in size with lettering not less than one-inch in height
and not to exceed in total area! six 6) square feet. The notice
shall be substantially the following form:
It is a misdemeanor 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
97.138 Violation Policy.
Any person violation any provision of this chapter is guilty of a misdemeanor,
punishable by a fine not exceeding one thousand dollars, or by imprisonment not to exceed sic
months, or by both such fine and punishment. Each and every act in violation of this chapter shall
be deemed a separate offense.
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 the decision of any court,
competent jurisdiction, such decision shall not affect the validity of the remaining portions of this
ordinance. This 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 thereot
irrespective of the fact that any one or more section, subsection, sentence, clause, phrase or
portion may be declared invalid or unconstitutional.
SECTION 3. The City Clerk shall certify to the passage and adoption of this
ordinance, causing it to be posted as required by law, and it shall be effective immediately as an
urgency ordinance in order to protect the public peace, health, safety and general welfare after its
adoption by the City Council.
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ORD 1152 pT3 (Ìì § Ô Ordinance No.1152
APPROVED, PASSED AND ADOPTED this 1st day of December 1999.
AUEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
CITY OF BALDWIN PARK
I, Rosemary M. Ramirez, Deputy City Clerk, of the City of Baldwin Park, do hereby certify
that the foregoing Ordinance was adopted as an URGENCY Ordinance at a regular meeting of
the City Council held on December 1,1999, by the following vote of the Council:
AYES: COUNCILMEMBERS: Pacheco, Gair, Garcia, Van Cleave and Mayor Lozano
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
Deputy City Cl
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