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HomeMy Public PortalAboutOrd. 1256ORDINANCE N0. 17.56 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADDIPJG SECTIONS 21-14, 23-28, 28-8 TO THE LYNWOOD MUNICIPAL CODE DEALING WITH VENDING, PEDDLING AND/OR SOLICITING ON PUBLIC STREETS, SIDEWALKS OR PARKS, AND AMENDING SECTIONS 17-29, 17-57, 23-25 OF THE LYNWOOD MUNICIPAL CODE follows: The City Council of the City of Lynwood does ordain as Section 1. Section 28-8 of the Lynwood Municipal Code is here- by added to read as follows: 28-8. Vending, peddling, selling and/or soliciting on public streets, sidewalks, parks, parkways, medians, lands, properties or other lands or properties under the control of the City of Lynwood. (A) The City Council finds and determines that its public lands (which include streets, sidewalks, parks, parkways, medians, and any lands or properties under its control) are to be used only for public purposes. The use of these areas is public and there is no vested right to conduct commercial business upon those public lands or properties. Vending, Peddling, Selling and/or Soliciting on Public Lands, Rights- of-Way or Property is Prohibited. (B) No person shall vend, peddle, sell and/or solicit any merchandise, goods or services on a public street, sidewalk, park, parkway, median, land, property or any other land or property under the control of the City of Lynwood. Vending, Peddling, Selling and/or Soliciting on Public Lands, Rights- of-Way or Property - Exceptions. (C) No person shall vend, peddle, sell and/or solicit any merchandise, goods or services on any publicly controlled lands, rights-of- way or property controlled by the City of Lynwood, except: (1) When the activity occurs at events as determined by the City Council of the City of Lynwood to be Special Events; or (2) When the activity involves the selling of newspapers, periodicals, magazines and other constitutionally pro- tected forms of free speech. Section 2. Section 23-28 of the Lynwood Municipal Code is hereby added to read as follows: 23-28. Prohibit vending, peddling and/or soliciting on__Public Parks. No person-shall be allowed to solicit or peddle any goods, wares, merchandise or other things of value, or conduct any business within the limits of any public park in the City. Section 3• Section 21-14 of the Lynwood Municipal Code is hereby added to read as follows: 21-14. Violations - Public Nuisance. Violations of this Ordinance shall be deemed a public nuisance, and each day such condition continues shall be regarded as a new and separate offense. A violation of this Ordinance is a,tMi;srdemeanor- punishable by~a fine or imprisonment for a period not exceeding six (6) month"s; or fioth. Such fine shall be not more than five hundred dollars ($500). Section 4. Section 17-29 of the Lynwood Municipal Code is amend- ed to read as follows: 17-20. Identification cards as prerequisite to issuance for specified businesses. Every massage parlor operator, private detective, private investigator, private police patrol and taxi driver, whether or not having a fixed place of business in the City, shall obtain an identification card from the Sheriff's Department of the City which must be presented to the License Collector before any license may be issued pursuant to this Division. Section 5• Section 17-57(32)(a) through Section 17-57(32')(c) are hereby amended to read as follows: (a) No peddling shall occur except at Special Events, as determined by the City Council; (b) All peddlers must obtain a Special Event Permit from the City Council; (c) The Special Event Permit shall only be valid for the period of the Special Event. Cost for the permit shall be determined by Resolution of the City Council. Section 6. Section 23-25 of the Lynwood Municipal Code is hereby amended to read as follows: PARKS AND RECREATION: 23-25• Special Events Permit required to conduct business. No person shall conduct, practice, carry on or solicit any trade, occupation, business or profession in a city park without first obtaining a Special Events Permit therefor from the City Council. Section 7. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance, or the application thereof to any person, firm, corporation or circumstance 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 thereof. The City Council of the City of Lynwood 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 sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 8. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption, shall be certified as to its adoption by the City Clerk, and shall be published once in the Lynwood Press within fifteen (15) days after its adoption, together with the names and members of the City Council voting for and against the same. Section 9. The City Clerk shall certify to the adoption of this Ordinance and shall cause this Ordinance to be published, as required by law. First read at a regular meeting of the City Council of the City of Lynwood held on the 2nd day of July 19 85 and finally ordered pub- lished at a regular meeting of said Council held on the 16th day of July 19 85. AYES: COUfJCILMEN HENNING, MORRIS, ROWE, THOMPSOPI, BYORK ATTEST: NOES: NONE ABSENT: NONE a~:~ ~,-~ ANDREA L. HOOPER, CITY LERK CITY OF LYNWOOD - ,~i7/" ~ ~~~ JOHN D. BYOR~ MAYOR CITY DF LYNWOOD APPROVED AS TO CONTENT: APPROVED AS TO FORM: ~~ '-'C'~ CHARLES G. GOMEZ, CITY MANAGER ""~"//JJ (CITY ATTORNEY) STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ~ ss. I, the undersigned, City Clerk of the City of Lynwood, and ex-officio clerk of the Council of said City, do hereby certify that the above is a true and correct copy of Ordinance No. 1256 _________ adopted by the City Council of the City of Lynwood, and that the same was passed on the date and by the vote therein stated. Dated this 19th day of July 19II5. (SEAL ) c~~~Z2-~A~ o~ .~~,~ City Clerk, City of Lynwood