HomeMy Public PortalAboutCity Council_Ordinance No. 99-832_Solicitation of certain business and employment transactions from certain public streets and highways in order to provide safety therein_2/16/1999_Regular1
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ORDINANCE NO. 99 -832
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY,
RELATING TO SOLICITATION OF CERTAIN BUSINESS AND
EMPLOYMENT TRANSACTIONS FROM CERTAIN PUBLIC STREETS AND
HIGHWAYS IN ORDER TO PROVIDE SAFETY THEREIN
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council of the City of Temple City does hereby find and declare as follows:
WHEREAS, from time to time persons gather daily on certain public streets, sidewalks, public parks and
other public places at various locations in the City for the purpose of:
A. Transacting business activities relating to 1) the sale of goods wares and merchandise, or 2) the provision
of services for pay; and,
B. Obtaining employment for services either by solicitation from an operating motor vehicle or by approaching
potential employers who drive by such sites in motor vehicles; and,
WHEREAS, this practice causes problems involving 1) traffic safety and congestion, 2) pedestrian
obstruction and harassment, 3) litter, 4) damage to vegetation, 5) milieu for criminal activity, among others, when
such persons wait for and approach vehicles to talk with the occupants and get into the vehicles, particularly at
sensitive traffic hours; and,
WHEREAS, potential customers and employers contribute to this problem by regularly driving to these
locations and stopping in the streets to pick up goods or workers; and,
WHEREAS, similar problems are caused when persons enter upon a street or highway to solicit business
from occupants of vehicles temporarily stopped; and
WHEREAS, it is not the intent of this Ordinance to conflict with Business and Professions Code Section
9900 et se4, or any other state or federal law regulating employment practices, but instead to supplement such
laws; and,
WHEREAS, it is not the intent of this Ordinance to conflict with any final case decisions from any court
of final resort having jurisdiction over this City, but instead to be interpreted in such manner as to be consistent
therewith; and,
WHEREAS, individuals wishing to engage on certain streets in the practice of:
A. sales of goods, wares and merchandise; or,
B. solicitation by or from transient employment, will be further protected by this Ordinance from
customers and employers who might otherwise attempt to avoid statutorily imposed protections
such as price protections, warranties, stolen goods, eligibility, minimum wage, insurance, or other
beneficial requirements; and,
WHEREAS, the City Council further fmds that this Ordinance is content neutral; is a time, place and
manner regulation, adopted not to control constitutional guarantees but rather to provide safety, leaving ample
opportunity for 1) sales of goods, and 2)employment solicitation during non - traffic hours, and through pedestrian
contact, market board advertising, newspaper ads, chamber of commerce offices, appropriate signs, church
programs and other media; and has as its sole purpose the control over safety conditions at critical hours as to
which the City has no other (physical or financial) means of control.
Ordinance No. 99 -832
Page 2
SECTION 2. A new Article IV, Chapter 2, Part IX, Section 4290 is hereby added to the Temple City
Municipal Code, reading as follows:
4290. SOLICITATION OF EMPLOYMENT OR BUSINESS, FROM PUBLIC STREETS AND PLACES
PROHIBITED.
A. For the purposes of this section the following meanings shall apply;
1. "Solicit or hire" shall include any request, offer, enticement, or other action or
gesture which induces another person to reasonably believe that his or her
services are being sought or available for hire.
2. "Employment" shall include any offer or exchange or consideration for labor or
other personal services, including part -time or temporary services.
3. "Street or highway" shall mean all of the area dedicated to public use for public
street purposes and shall included, but not be limited to, roadways, parkways,
medians, alleys, sidewalks, or front curbs, and public ways. It shall also include
the first 100 feet in depth of any publicly owned property abutting a street, and
the first 200 feet of any street intersecting a listed street.
4. For all purposes of this Code Section, the use of the term "street or highway" shall
include only the following streets:
a. Rosemead Blvd in its entirety;
b. Lower Azusa Ave. in its entirety;
c. Temple City Blvd. in its entirety;
d. Las Tunas Blvd in its entirety;
e. all streets intersecting the above streets for a distance of 200 feet from
such intersection.
5. "Stand" shall include sit, lie, be or remain.
6. "Barter" shall mean and include buy, sell, accept, trade, solicit, or any other
activity in connection with goods, wares and merchandise.
7. "Merchandise" shall mean and include all forms of commercial transactions
including the delivery thereof, and services.
8. "Critical hour" shall include anytime from 6:00 a.m. to 11:30 p.m. Mondays through
Sundays.
B. It shall be unlawful for any person to stand on an above listed street or highway during
any critical hour, and solicit, or attempt to:
1. barter merchandise; or
2. solicit, employment, business, or contributions; from an occupant of any motor
vehicle.
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Ordinance No. 99 -832
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C. It shall be unlawful for any person during a critical hour to stop, park or stand a motor
vehicle on an above listed street or highway from which any occupant attempts or
succeeds to:
1. barter merchandise; or,
2. hire or hires for employment another person or persons.
D. It shall be unlawful for any person during a critical hour to:
1. barter merchandise; or,
2. offer or solicit employment, in person or through an agent, or to conduct any
commercial activity; in any public park owned by the City except as part of a
public entertainment activity for which a public entertainment permit has been
issued by the City, or pursuant to a concession agreement with the City.
E. No person shall solicit or attempt to:
1. barter merchandise; or,
2. 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 a solicitation to perform the barter of merchandise or employment or
business for the owner or lawful tenants of the subject premises.]
a. For purposes of this subsection, "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.
b. This subsection 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:
(a) the barter of merchandise; or
(b) the 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 Administrator to be
maintained in City files; and,
(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
Ordinance No. 99 -832
Page 4
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 shall be a misdemeanor to engage in:
(a) the barter of merchandise; or
(b) the solicitation of employment, business or contributions
or money, or other property in areas of this parking lot
which are not first approved for such activity by the
property owner."
F. This section shall not be construed so as to prohibit a business establishment or property
owner from 1) bartering merchandise, or 2) soliciting or hiring employees at or on the
premises. For the purpose of this section, motor vehicles and other similar types of mobile
locations shall not be considered a business establishment or premises.
G. This Section and the interpretation of each and every word, clause or sentence hereof
shall conform to the construction and restriction placed thereon as may from time to time
be handed down by final decisions of courts having jurisdiction over this City and its
Ordinances, including the following. Acorn v. Phoenix 798 F2d 1260; Acorn v. New
Orleans 606 FS 16; Clark v. Community 468 U.S. 288; Blair v. Shanahan 775 FS 1315;
Gaudiya v. San Francisco 952 F2d 1059; Central v. Glen 753 FS 1315; Young v. New
York 903 F2d 146; and Lee v. Hare Krisna 112 S. Ct. 2709; Xiloi v. Agoura 29 CR2d 879;
Joyce v. S.F 846 FS 843; Cincinnati v. Discovery. 113 S.Ct. 1505; One World 76 F3d 1009;
Denver v. Aurora 896 P2d 306; Scarrino 83 F3d 364; Acuna 14 Cal4th 1090; Baraias v.
Anaheim 18 CR2d 478."
SECTION 3. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance,
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 portions of this Ordinance. The City Council hereby declares
that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or
portion thereof, regardless of the fact that any one or more sections, subsections, subdivisions, sentences, clauses,
phrases or portions thereof be declared invalid or unconstitutional.
SECTION 4. The City Clerk shall certify the passage of this Ordinance and cause the same to be
published as required by law.
PASSED, APPROVED AND ADOPTED this 16th day of February, 1999.
ATTEST:
City Cler
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Ordinance No. 99 -832
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I, City Clerk of the City of Temple City, hereby certify that the foregoing ordinance, Ordinance No. 99 -833,
was introduced at the regular meeting of the City Council of the City of Temple City held on the 2nd day of
February, 1999, and was duly passed, approved and adopted by said Council, approved and signed by the Mayor
and attested to by the City Clerk at a regular meeting held on the 16th day of February, 1999, by the following
vote:
AYES: Councilman - Souder, Wilson, Brook, Gillanders
NOES: Councilman -None
ABSENT: Councilman - Breazeal
City Cl rk