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HomeMy WebLinkAbout2000-07-18; City Council; NS-552; CMC 8.28.050 amend - Solicitation of materials to persons in vehicles...1 2 3 4 5 6 7 8 9 10 11 12 18 19 20 21 22 23 24 25 26 27 28 h ORDINANCE NO. NS-552 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CHAPTER 8.28 OF THE CARLSBAD MUNICIPAL CODE TO SPECIFY THE LOCATIONS AND CONDITIONS FOR DISTRIBUTION OR SOLICITATION OF MATERIALS TO PERSONS IN VEHICLES. WHEREAS, the City Council, at its meeting of July 20, 1999, amended Chapter 8.28 of the Carlsbad Municipal Code to add a provision permitting the hawking of newspapers under certain circumstances at certain locations; and WHEREAS, the ordinance was to remain in effect for one year from its effective date and would sunset automatically unless the City Council extended or amended it prior to that time; WHEREAS, the City Council directed staff to prepare a report and recommendation on the effectiveness of the ordinance prior to its expiration so the City Council could consider whether to amend or extend the ordinance; and WHEREAS, staffs report recommends that the ordinance’s provisions continue in effect indefinitely and not sunset; NOW, THEREF,ORE, the City Council of the City of Carlsbad Code does ordain as follows: SECTION 1: That sections 8.28.050, 8.28.060 and 8.28.070 of the Carlsbad Municipal are repealed and that section 8.28.050 is reenacted to read as follows: “8.28.050 Distribution or solicitation to persons in vehicles. (a> Except as permitted by subsection (b) below, it is unlawful for any person, while on a public sidewalk or in a public roadway, to distribute or attempt to distribute materials to, or to solicit, or attempt to solicit business or contributions from, any person who is traveling in any type of vehicle along a public roadway. 1 a- 1 2 3 4 5 6 7 8 9 10 11 12 18 19 20 21 22 23 24 25 26 27 28 (b) Distributing materials or soliciting business or contributions is permitted on sidewalks adjacent to public roadways with a speed limit of thirty-five miles per hour or less as shown on the attached map labeled Exhibit A and found on file in the city clerk’s office, except: (1) When the public roadway intersects with another public roadway that has a speed limit greater than thirty-five miles per hour, in which case distribution or solicitation is prohibited within one hundred feet of the intersection; (2) In the commercial/visitor-serving overlay zone as shown on the attached map labeled Exhibit B and found on file in the city clerks office; (3) Anywhere on La Costa Avenue. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 3 1 2 3 4 5 6 7 8 9 10 11 12 18 19 20 21 22 23 24 25 26 27 28 (c) No more than one person at a time may distribute materials or solicit business or contributions at the quadrant of any intersection where distribution or solicitation is permitted under subsection (b) above.” EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify the adoption of this ordinance and cause it to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 11th dayof July ,2000, and thereafter PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 18th day of July I 2000, by the following vote, to wit: AYES: Council Members Lewis, Hall, Ny"gaard and Kulchin NOES: Council Member Finnila ABSENT: None (SEAL) 3 LEGEND: PERMlTTED WITHIN 50 OF A FREEWAY OFF OR ON RAMP (VC Section 22520.6) PROJECT NAME ROADS WITH SPEED LIMITS EXHIBIT 35 MPH OR LESS A COMMERCIALMSITOR-SERVING .OVERLAY ZONE zc 99-03