HomeMy WebLinkAbout1980-12-02; City Council; 6445; Ordinance Regulating Distrbiution of Materials to Vehicles and Demonstration Eqiupment'CITY OF CARLSBAD
A•;ENDZ\ BILL NO.
DATE: ____ .....De.c.emb.er ¢_&-l.9..8,._0 __
DEPARTHENT: _ ___rj,ty Attorn....,._ __________ _
;i:nitial:
Dep::. Head
City Atty.
ci,:y Mgr.
Su.bJ'ect: ORDINANCE REGULATING DISTRIBUTION OF MATERIALS TO VEHICLES
~D .RE;GULATJ;Nq Q~~QNS~RATION EQUIPME:~T.
Statement of the ·Matter
At·the request of the Police Chief 1 our office has undertaken
to prepare an ordinance which would protect th~ health, safety
and welfare of the people of Carlsbad by-prohibiting the
distribution of printed materials to persons in vehicles on
public streets and prohibiting the stopping of vehicles to
distribute such material. If permitted, such activity leads
to litter and can cause traffic congestion and accidents.
The prohibition of certain types of demonstration equipment
protects public safety by limiting the potential for use of
such equipment as weapons. The memorandum from the Po.lice
Chief more fully explains the need for this ord;i.na,1ce.
Exhibits
Ordinance No. · J I ~ 3
Memorandum from Police Chief to City Attorney, dated July 25,
1980.
Recommendation
If the City Council concurs, your action is to introduce
Ordinanc.:e No. 3 l«?...3 .
Council Action:
12-2-80 Counci·l introduced Ordinance No. 312-3.
12-16-80 Council adopted Ordinance No. 3123.
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TO:
FROM:
Vincent F. Biondo, Jr.
C'ity Attorney
Vincent D. Jimno
Chief of Pol ice
July 25, 1980
SUBJECT: Ordinance Regulating Distribution of Materials to Vehicles
and Regulating Demonstration Equipment
As each year passes, increasing numbers of people are brought together
in close proximity as special events are held throughout the city. Events
such as the La Costa Tournament of Champions, Clairol Tennis Classic, Bel
Rey Motocross and the Fall Faire continually draw 15,000 to 30,000 people.
As the number and size of these events inci·ease, the potential for traffic
corrgestion, accident~, confrontations and demonstrations also increases .
. Constitutional guarantees such as the Fii-st and Fourteenth Ammendments
(Right to Peaceably Assemble ctnd Freedom of Speech, Press and Religion)
sometimes limit the police department's ability to successfully prev.ent or
deal with these conditions.
it is my recommendation that the City of Carlsbad adopt, in ordi1:ance form,
regulations preventing the stopping of vehicles by pedestrians for the pur-
pose of distributing printed materials to persons in those vehicles and con-
trolling the type and size of demonstration equipment allowed. Adoption of
such an ordinance will protect the health, safety and welfare of the people
of Carlsbad and enhance the police department's ability to deal with these
activities. w.~~i~
Chief of Po~;,
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ORDINANCE NO. 3123
AN ORDUlANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, AMENDING
TITLE 8, OF THE CARLSBAD MUNICIPAL COPE,
BY THE ADDITION OF CHAPTER 8.18 TO
REGULATE DEMONSTRATION EQUIPMENT AND
BY THE ADDITION OF SECTIONS 8.28.050 AND
8.28.060 RELATING TO THE DISTRIBUTION OF
MATERIALS TO VEHICLES.
The City Council of the City of Carlsbad, California does
ordain as follows:
SECTION 1: That Title 8 of the Carlsbad Municipal Code
is amended by the addition of Chapter 8.18 to read as follows:
"Chapter 8.18
DEMONSTRATION EQUIPMENT
Sections:
8.rB.010 Demonstration equipment prohibited.
8.18.010 Demonstration equipment prohibited. It shall
b<? unlawful for any person to carry or possess while participatin~
in any demonstrations, rally, picket J.ine, or puhlic assembly
any object which is not comprised of wood except as otherwi9e
provided in this section. Each object must be 1/4 inch or less
in thickness and 2 inches or less in width or if not generally
rectangular in shape, such object shall not exceed 1/2 inch in
its thickest dimension. This section shall not pert:ain to those
materials consisting of paper, cardboard or cloth."
SECTION 2: That Title 8, Chapter 8.28 of the Carlsbad
· Municipal Code is amended by the addition of Sections 8.28.050
and 8.28.060 which read as follows:
"8.28.050 Distributions or soliciting materials to
vehicles prohibited. It shall be unlawful for any person to
aistribute or to solicit any printed or advertising material
to any person. c.,r persons who may he riding in any vehicle or
conveyance of any type, while the same is using any public
street in the City of Carlsbad for purposes of travel.
8.28.060 Stop12ing vehicles to distribute or solicit
prohibited. It shall be unlawful for any person to attempt to
stop or to st.op any person or persons who may be riding in any
vehicle or conveyance of any type, wh~le same is upon any public
street in the City of Carlsbad for the purpose of travel, in
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material or to solicit for any business."
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EFFECTIVE DATE: This ordinance shall be effective thirty
days after its adoption, and the City Clerk shall certify to the
adoption of this ordinance and cause it to be published at least
once in the Carlsbad Journal within fi£teen days ~fter its
adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council he;l.d on the 2nd day of December ----=------
1980 and thereafter
PASSED AND ADOPTED at a regular meeting of said City Council
held on the 16th day of December , 1980 by the following
vote, to wit:
AYES:
NOES:
Council Members Packard, Casler, Anear, Lewis and Kulchin
None
ABSENT : None -~IL~~
..,....RONALD C. PACY-ARD, Mayor
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ATTEST:
M£EN,~
(SEAL)
2.
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