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Home My WebLink AboutORD 1153ORD 1153$Í;¢f4§¨ORDINANCE NO, 1153 AN 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 BIB] 37643-U01 ORD-U02 1153-U02 LI2-U03 FO4263-U03 FO4488-U03 DO9095-U03 C5-U03 ORDINANCES-U03 1/21/2003-U04 ROBIN-U04 ORD 1153$Í;¢f4§¨Ordinance No 1153 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 NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Baldwin Park, California, as follows Section 1. Title 9, Chapter 97 Streets, Sidewalks and Public Places) of the Baldwin Park Municipal Code is hereby amended to read as follows Solicitations of Employment, Business or Contributions 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 any other form of consideration. B. Commercial 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, written, 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, BIB] 37643-U01 ORD-U02 1153-U02 LI2-U03 FO4263-U03 FO4488-U03 DO9095-U03 C5-U03 ORDINANCES-U03 1/21/2003-U04 ROBIN-U04 ORD 1153$Í;¢f4§¨Ordinance No. 1153 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. 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 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-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 BIB] 37643-U01 ORD-U02 1153-U02 LI2-U03 FO4263-U03 FO4488-U03 DO9095-U03 C5-U03 ORDINANCES-U03 1/21/2003-U04 ROBIN-U04 ORD 1153$Í;¢f4§¨Ordinance No. 1153 are not approved for such activity by the property owner" 97.138 Violation Policy. Any person violating 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 thereof, 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 thirty 30) days after its adoption. APPROVED. PASSED AND ADOPTED this15th day of December, 1999. ATTEST: 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 introduced for first reading at a regular meeting of the Council held on December 1, 1999 and adopted at a regular meeting of the City Council on December 15. 1999. by the following vote of the Council: AYES: COUNCILMEMBERS: Gair, Garcia. Pacheco, Van Cleave, and Mayor Lozano NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None Rosemary feiftirez Deputy City Clerk) BIB] 37643-U01 ORD-U02 1153-U02 LI2-U03 FO4263-U03 FO4488-U03 DO9095-U03 C5-U03 ORDINANCES-U03 1/21/2003-U04 ROBIN-U04