HomeMy WebLinkAbout96-37 - Adding Chapter 10.62 to the Newport Beach Municipal Code Pertaining to Vehicle Addressed SolicitationORDINANCE 96- 37
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH ADDING CHAPTER 10.62 TO THE
NEWPORT BEACH MUNICIPAL CODE PERTAINING TO
VEHICLE ADDRESSED SOLICITATION.
• The City Council of the City of Newport Beach does hereby ordain as follows:
Section 1: Chapter 10.62 is added to the Newport Beach Municipal Code, to
read as follows:
CHAPTER 10.62
VEHICLE ADDRESSED SOLICITATION
Sections:
10.62.010
Purpose and Findinas
10.62.020
Definitions
10.62.030
Prohibition
10.62.040
Violation
10.62.010
Purpose and Findings
is A. The City of Newport Beach is experiencing an increase in the number of
persons who stand or sit in or are adjacent to public rights of way and solicit
money, work, business or property from persons traveling in vehicles on public
streets.
B. Vehicle addressed solicitations distract drivers, obstruct or impede the flow
of traffic, create traffic congestion, and pose a significant safety hazard to the
solicitor, person solicited, drivers and passengers in other vehicles, and other
persons using the public right of way.
C. The restrictions on vehicle addressed solicitation are intended solely to
protect the public safety, constitute a reasonable restriction only on the location
and manner of solicitations, allow solicitations other than those which are vehicle
addressed, and are not intended to restrict or limit any speech based on content.
10.62.020 Definitions
A. Public right of way means all of the airea dedicated to public use for public
street purposes and includes, but is not limited to, streets, driveways, roadways,
parkways, alleys, sidewalks, curbs and public ways.
• B. Solicitation means any conduct, act, activity or request which is intended to
attract the attention of any person in a vehicle for the purpose of communicating
any offer of employment, business or merchandise or a request for money or
other property. 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.
10.62.030 Prohibition
A. No person shall, while standing, sitting or occupying any portion of the
public right of way, solicit, or attempt to solicit any employment, business or
Ord. 96 -37
contributions of money or property from any person traveling in a vehicle along the
public right of way.
B. No person while the occupant of any vehicle traveling along the public right
of way shall solicit, or attempt to solicit any employment, business or contributions
of money or property from any person who is within the public right of way.
10.62.040 Violation
•Any person violating the provisions of this chapter shall be subject to the penalties
specified in Section 1.04.010 of the Newport Beach Municipal Code.
Section 2: If any section, subsection, sentence, clause or phrase of this
Ordinance is for any reason, held to be invalid or unenforceable, such decision shall not
affect the validity or enforceability of the remaining portions of this Ordinance. The City
Council hereby declares that it would have passed this Ordinance and each section,
subsection, clause or phrase hereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses, and phrases be declared invalid or
unenforceable.
Section 3: The Mayor shall sign and the City Clerk shall attest to the passage of
this Ordinance. The City shall cause the same to be published once in the official
newspaper of the City and it shall be effective thirty (30) days after its adoption.
Section 4: This Ordinance was introduced at a regular meeting of the City
Council of the City of Newport Beach held on the 9th day of September , 1996,
and adopted on the 23rd day of September , 1996, by the following vote, to -wit:
• AYES, COUNCILMEMBERS HEDGES, DEBAY, GLOVER,
EDWARDS, WATT, O'NEIL, COX
NOES, COUNCILMEMBERS NONE
•
ABSENT COUNCILMEMBERS NONE
MAYOR
ATTEST:
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CITY CLERK
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8 -28-96