HomeMy WebLinkAboutORD 1326ORD 1326Ä— À HÄ—@¸— «XþORDINANCE NO. 1326
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BALDWIN PARK, CALIFORNIA AMENDING SECTION
121.04 OF THE BALDWIN PARK MUNICIPAL CODE
RELATING TO SUSPENSION OF SOLICITATION
PERMITS
The City Council of the City of Baldwin Park does hereby ordain as follows:
SECTION 1. Section 121.04 of the Baldwin Park Municipal Code is hereby
amended in its entirety to read as follows:
121.04 CONDITIONS FOR SUSPENSION AND APPEAL.
A) The Chief of Police, or his./her designee, shall suspend any permit
issued under this chapter, if he/she finds:
1) The permittee in its operation is, in fact, perpetrating a fraud upon
members of the general public;
2) Except as otherwise permitted by law, the permittee is soliciting on
private property after being requested to cease that solicitation by the owner,
tenant or person in apparent control of that property;
3) The permittee inhibits any other person's ability to continue on that
other person's path of travel to or from any structure or vehicle; or
4) The permittee fails to follow valid directions of a city peace officer.
B) The permittee whose permit has been suspended pursuant to this
section may appeal that suspension order to the Chief Executive Officer, or
his/her designee CEO), subject to the following:
1) There shall be no cost charged to the permittee for that appeal;
2) The CEO shall schedule and hold the hearing for that appeal within 10
days after the appeal is filed;
3) The CEO shall allow the Chief of Police, or his or her designee, and
the permittee, or his/her/its representative, to provide testimony and evidence at
that hearing. The city will record the proceedings at the hearing by an audio
recorder, court reporter or other method agreed to by the CEO and permitee;
4) The CEO shall issue his/her decision within 3 business days after the
hearing is concluded.
5) The Chief of Police shall have the burden of proof, by a
preponderance of evidence, to show the permit should have been suspended;
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ORD 1326Ä— À HÄ—@¸— «XþOrdinance No. 1326
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6) The time periods for the appeal may be extended at the permittee's
request;
7) The suspended permit shall not be effective unless the CEO decides
in the permittee's favor or any of the time periods established in subsections 2),
4) or 6) lapse without any decision from the CEO; and
8) The CEO's decision is final and no other administrative appeal is
available.
SECTION 2. This ordinance shall go into effect and be in full force and operation
from and after thirty 30) days after its final reading and adoption.
PASSED AND APPROVED on the 15th day of April 2009
0
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
CITY OF BALDWIN PARK
I, LAURA M. NIETO, Deputy City Clerk, of the City of Baldwin Park, do hereby
certify the foregoing Ordinance No. 1326 was introduced at a regular meeting of the City
Council held on April 1, 2009, and was adopted by the City Council at its regular
meeting held on April 15, 2009, by the following vote of the Council:
AYES: COUNCIL MEMBERS: Anthony J. Bejarano, Marlen Garcia,
Ricardo Pacheco, Mayor Pro Tern Monica
Garcia and Mayor Manuel Lozano
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABS AIN: COUNCIL MEMBERS: NONE
L URA M. NIETO, CMC
EPUTY CITY CLERK
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