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Home My WebLink AboutCC ORD 1994-2076 Adds Ch. 10.22, solicitation of occupants of vehicles; repeals § 7.18.100 (10.22)ORDINANCE NO, 94-2076 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADDING CHAPTER 10.22 TO THE NATIONAL CITY MUNICIPAL CODE, PERTAINING TO SOLICITATION OF THE OCCUPANTS OF VEHICLES AND TO SOLICITATION WITHIN COMMERCIAL PARKING AREAS, AND REPEALING ORDINANCE NO. 93-2070 AND SECTION 7.18.100 OF THE MUNICIPAL CODE WHEREAS, the City of National City is a densely -populated urban area, which experiences significant problems with traffic congestion, especially during peak traffic hours; and WHEREAS, solicitation of employment, business or contributions from occupants of vehicles by persons on public streets, sidewalks, and other areas of public right-of-way, and from occupants of vehicles and pedestrians in commercial parking areas, creates a substantial risk of disruption of traffic; and WHEREAS, direct personal solicitation from motorists distracts them from their primary duty to watch traffic and potential hazards on the road, observe traffic control signals or warnings, and move through intersections; and WHEREAS, the distraction of motorists caused by solicitation from public streets, sidewalks and other areas of public right-of-way, as well as commercial parking areas, not only threatens to impede the orderly flow of traffic, but also raises serious concerns of public safety; and WHEREAS, in order to protect the public health, safety and welfare, the City Council of the City of National City desires to enact a prohibition upon the solicitation of occupants of vehicles, and from occupants of vehicles and pedestrians in commercial parking areas. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. Chapter 10.22 is hereby added to the National City Municipal Code to read as follows: Continued on Page Two Ordinance No. 94-2076 Page 2 of 4 Chapter 10.22 SOLICITATION OF OCCUPANTS OF VEHICLES AND IN COMMERCIAL PARKING AREAS Sections: 10.22.010 10.22.020 10.22.030 10.22.040 Definitions Prohibition of Solicitation in Public Right of Way Prohibition of Solicitation in Unauthorized Locations within Commercial Parking Areas Violation - Penalty 10.22.010 Definitions. For the purposes of Sections 10.22.020 and 10.22.030, the following meanings shall apply: A. "Solicit" shall mean and include any request, offer, enticement, or action which announces the availability for or of employ- ment, the sale of goods, or other request for funds; or any request, offer, enticement or action which seeks to purchase or secure goods or employ- ment, 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 takes place. B. "Employment" shall mean and include services, industry or labor performed by a person for wages or other compensation or under any contract of hire, written, oral, express or implied. 10.22.020 Prohibition of Solicitation in 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, sidewalks and driveways, to solicit, or attempt to solicit, employ- ment, business or contributions of money or other property from any person traveling in a vehicle along a public right way, including, but not limited to public streets or driveways. Continued on Page Three Ordinance No. 94-2076 Page 3 of 4 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, sidewalk, or driveway. 10.22.030 Prohibition of Solicitation in Unauthorized Locations Within Commercial Parking Areas. A. No person shall solicit or attempt to solicit, employ- ment, 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 solicitation to perform employment or business for the owner or lawful tenants of the subject premises. B. For purposes of this section "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. This section shall only apply to commercial parking areas where the following occurs: 1. 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, in locations which are accessible to the public and do not interfere with normal business operations of the commercial premises; 2. A copy of said policy is submitted to the city manager to be maintained in city files; and Continued on Page Four Ordinance No. 94-2076 Page 4 of 4 3. 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 by twenty-four inches in size with lettering not less than one inch in height and not to exceed in total area, six square feet. The notice shall be in 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 proper- ty owner. 10.22.040 Violation -- Penalty. 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 six months, or by both such fine and imprisonment. Section 2. Ordinance No. 93-2070 and Section 7.18.100 of the National City Municipal Code are hereby repealed. ATTEST: PASSED and ADOPTED this 7th day of June L/La Lo ' Anne Peo les� City e prk APPROVED AS TO FORM: George H. Eiser, III City Attorney George H."Waters, Mayor , 1994. Passed and adopted by the Council of the City of National City, California, on June 7' 1994 by the following vote, to -wit: Ayes: Councilmen Dalla, Inzunza, Morrison, Zarate, Waters Nays: Councilmen None Absent: Councilmen None Abstain: Councilmen None AUTHENTICATED BY: GEORGE H. WATERS By: Mayor of the City of National City, California Clerk of the City of National City, California Deputy I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar days had elapsed between the days of its introduction and the days of its final passage, to wit, on May 17, 1994 and on June 7, 1994 I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that the reading of said ordinance in full was dispensed with by a vote of not less than a majority of the members elected to the Council and that there was available for the consideration of each mem- ber of the Council and the public prior to the day of its passage a written or printed copy of said ordinance. I FURTHER CERTIFY that the above and foregoing is a full, true and cor- rect copy of ORDINANCE NO.9 4 -2 0 7 6 of the City of National City, passed and adopted by the Council of said City on June 7, 1994 (Seal) City Clerk of the City of National City, California By: Deputy