HomeMy WebLinkAbout01-21 Solicitation for Employment, Business, or Contributions from StreetsORDINANCE NO. 01-21
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, AMENDING CHAPTER XIX OF
TITLE 10 OF THE COSTA MESA MUNICIPAL CODE
REGARDING SOLICITATION FOR EMPLOYMENT, BUSINESS,
OR CONTRIBUTIONS FROM STREETS.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. Chapter XIX of Title 10 of the Costa Mesa Municipal Code is
hereby amended to read as follows:
"CHAPTER XIX. SOLICITATION OF EMPLOYMENT,
BUSINESS, OR CONTRIBUTIONS FROM .STREETS
Sec. 10-354. Prohibition of solicitation in public streets.
(a) It shall be unlawful for any person to stand on a street and
actively solicit employment, business, or contributions from any person in 6 -
motor vehicle traveling along a street.
(b) It shall be unlawful for any person in a vehicle traveling along a
street to solicit employment of another person standing on a street.
(c) As used in this chapter:
(1) "Actively solicit" shall mean solicitation accompanied by action
intended to attract the attention of a person in a vehicle traveling in
the street which action may include, but is not limited to, waiving
arms, making hand signals, shouting. to someone in a vehicle, jumping
up and down, waiving signs pointed so as to be readable by persons in
vehicles, quickly approaching nearer to vehicles, standing close to the
curb facing vehicles in the roadway, and entering the roadway portion
of a street.
(2) "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.
(3) "Solicit" shall mean and include any request, offer, enticement,
or action which announces the availability for or of employment, the
sale of goods, or other request for funds; 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 takes place.
(4) "Street" shall mean all of the area dedicated to public use for
public street purposes and shall include, but not be limited to,
roadways, parkways, medians, alleys, sidewalks, driveways, curbs,
and public ways.
(5) "Traveling along a street" shall mean a vehicle being operated
on a street, excluding vehicles lawfully parked at the edge of a street
or temporarily, lawfully stopped at a marked passenger loading zone.
(d) This section does not apply to freeway oriented solicitation
prohibited by California Vehicle Code section 22520.5."
Section 2. Severability.
If any chapter, article, section, subsection, subdivision, sentence, clause,
phrase, or portion of this Ordinance, or the application thereof to any person, is for
any reason 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
portion of this Ordinance or its application to other persons. The City Council
hereby declares that it would have adopted this Ordinance and each chapter,
article, section, subsection, subdivision, sentence, clause, phrase or portion
thereof, irrespective of the fact that any one or more subsections, subdivisions,
sentences, clauses, phrases, or portions of the application thereof to any person,
be declared invalid or unconstitutional. No portion of this Ordinance shall
supersede any local, State, or Federal law, regulation, or codes dealing with life
safety factors.
Section 3. Publication.
This Ordinance shall take effect and be in full force and effect thirty (30)
days from and after its passage and, before the expiration of fifteen (15) days after
its passage, shall be published once in the NEWPORT BEACH -COSTA MESA PILOT,
a newspaper of general circulation printed and published in the City of Costa Mesa,
or, in the alternative, the City Clerk .may cause to be published a summary of this
Ordinance and a certified copy of the text of this Ordinance shall be posted in the
office of the City Clerk five (5) days prior to the date of adoption of this Ordinance,
and within fifteen (15) days after adoption, the City Clerk shall cause to be
published the aforementioned summary and shall post in the office of the City Clerk
a certified copy of this Ordinance together with the names of the members of the
City Council voting for and against the same.
PASSED AND ADOPTED this 4th day of September, 2001.
ATTEST:
I . &'Ct- �-
Deputy City lerk of the City of Costa Mesa
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
ayor of the City of Costa Mesa
APPROVED AS TO FORM
CITY ATTORNEY
I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio clerk of the City
Council of the City of Costa Mesa, hereby certify that the above and foregoing
Ordinance No. 01-21 was introduced and considered section by section at a regular
meeting of said City Council held on the 20" day of August, 2001, and thereafter
passed and adopted as a whole at a regular meeting of said City Council held on
the 4th day of September, 2001, by the following roll call vote:
AYES: MONAAIA'A.)
NOES: fvD �I
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of
the City of Costa Mesa this 5th day of September, 2001.
T.
Deputy Cit Clerk and ex -officio Clerk of
the City Council of the City of Costa Mesa