HomeMy WebLinkAboutOrd. No. 1994-983
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ORDINANCE NO. 983
AN ORDINANCE OF THE CITY OF LAKE ELSINORE
RELATING TO THE SOLICITATION OF EMPLOYMENT,
BUSINESS OR CONTRIBUTIONS OF MONEY OR OTHER
PROPERTY WITHIN THE CITY.
WHEREAS, solicitation of vehicles from the public right of way and commercial parking
facilities adjacent to streets and thoroughfares within the City presents a significant safety
concern; and
WHEREAS, it is in the public interest to restrict such solicitation in order to avoid
potential damage to person or property;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
DOES HEREBY ORDAIN AS FOLLOWS:
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Seefibn 1. Title 10 of the Lake Elsinore Municipal Code is hereby amended by
amending Chapter 10.72 Vehicle Solicitation to read:
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10.72.010 Defmitions. For the purposes of Sections 10.72.020 and 10.72.030 the
following meanings shall apply:
(a) "Solicit" shall mean and include any request, offer, enticement, or action which
announces the availability for or of 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.
(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.
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10.72.020
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, highways, sidewalks and driveways, to
solicit, or attempt to solicit, employment, business or contributions of money or other property
from any person traveling in a vehicle along a public right of way, including, but not limited to
public streets, highways or driveways.
(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, highway
or driveway.
10.72.030
Prohibition of Solicitation in Unauthorized Locations Within Commercial
Parking Areas.
(a) No person shall solicit or attempt to 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
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.
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(c) ,1,1 This Section shall only apply to commercial parking areas where the following
occurs: "
(i) 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;
(ii) A copy of said policy is submitted to the City Manager to be maintained
in City files; and,
(ill) 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:
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hIt 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 property owner."
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Section 2. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of nay court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions of this
ordinance. The City Council of the City of Lake Elsinore hereby declares that it would have
adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof,
irrespective of the fact that anyone or more section, subsection, sentence, clause, phrase or
portion may be declared invalid or unconstitutional.
INTRODUCED AND PASSED UPON FIRST READING this 24th day of May,
1994, by the following roll call vote:
NOES:
COUNCILMEMBERS: ALONGI, CHERVENY, VOMINGUEZ, WINKLER
COUNCILMEMBERS: NONE
AYES:
ABSENT:
COUNCILMEMBERS : WASHBURN
ABSTAIN:
COUNCILMEMBERS: NONE
PASSED, APPROVED AND ADOPTED this 14th day of June
1994, by the following roll call vote:
NOES:
COUNCILMEMBERS: ALONGI, DOMINGUEZ, WINKLER, WASHBURN
COUNCILMEMBERS: NONE
AYES:
ABSENT:
COUNCILMEMBERS: CHERVENY
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ABSTAIN:
COUNCILMEMBERS: NONE
~EST_ :~ ~
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VICKI L YNNB SAD, CITY CLERK
CITY OF LAK-B ELSINORE
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S TO FORM:
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
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I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the foregoing Ordinance was read for
adoption on May 24, 1994, and passed on June 14, 1994, by the
following roll call vote:
AYES:
COUNCILMEMBERS: ALONGI, DOMINGUEZ, WINKLER,
WASHBURN
NOES:
COUNCILMEMBERS: NONE
ABSENT:
COUNCILMEMBERS: CHERVENY
i~G:
VICKI KASAD, CITY CLERK
CITY OF LAKE ELSINORE
COUNCILMEMBERS:
NONE
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(SEAL)
STATE OF 'CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the above and foregoing is a full, true and
correct copy of Ordinance No. 983 of said Council, and that the
same has not been amended or repealed.
DATED:
June 17, 1994
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VCKI KASAD, CITY CLERK
CITY OFI~AKE ELSINORE
( SEAL)
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