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HomeMy WebLinkAbout1986-06-24; City Council; 8384-2; Extending time for peddlers, solicitors &vendors.- J 4B# ,-?38L/-%? MTGm 6/24/86 CI'- OF CARLSBAD - AGENL- BILL TITLE: AMENDING THE CARLSBAD MUNICIPAL CODE REGARDING PEDDLERS, SOLICITORS, VENDOR AND CANVASSERS EXTENDING THE TIME FOR DOOR DEPT. IT0 DOOR SOLICITATION OR CANVASSING CITY MGR.~ ~ ~~~ RECOMMENDED ACTION: Introduce Ordinance No. 6 079 . ITEM EXPLANATION when the City Council last considered this issue in November, 1985 the proposed ordinance would have prohibited all door to door solicitation or canvassing between the hours of 8:OO a.m. and 9:00 p.m. The City Council shortened the time period and adopted a 6:OO p.m. cutoff time. The Council's apparent intent was to protect the health, safety and welfare of the citizens of Carlsbad by prohibiting soliciting after dark. This provision worked well when standard time was in effect. With the approach of spring darkness comes later and the clocks are shifted forward to save daylight. The rationale of prohibiting solicitation after dark does not then apply since it is no longer dark at 6:OO p.m. The Utility Consumer Action Network (UCAN) has questioned the reasonableness and constitutionality of restricting solicitation after 6:OO p.m. particularly during the daylight savings hours. It is our recommendation that the City Council amend the restriction to extend the hours of solicitation between May 1 and October 31 to 9:OO p.m. The attached ordinance accomplishes the Council's interest in protecting the citizens and also protects the constitutional rights of the solicitors and canvassers. FISCAL IMPACT None EXHIBIT Ordinance No. 6079 Letter from UCAN dated Play 22 1986 I 1( 1: 1: t 1Z 15 2c 23 22 22 24 25 26 27 28 0 ORDINANCE NO. 6079 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 8, CHAPTER 8.32, SECTION 8.32.050 OF THE CARLSBAD MUNICIPAL CODE TO EXTEND THE TIME PERIOD FOR COMMERCIAL AND NONCOMMERCIAL PEDDLING, SOLICITING, VENDING OR CANVASSING FROM 6:OO P.M. TO 9:00 P.M. DURING THE MONTHS FROM MAY 1 THROUGH OCTOBER 31. The City Council of the City of Carlsbad, California does ordain as follows: SECTION 1: That Title 8, Chapter 8.32, Section 8.32.050 of the Carlsbad Municipal Code is amended to read as follows : 8.32.050 Restriction on hours. No person shall go onto private property for the purposes of commercial or noncommercial peddling, soliciting, vending or canvassing before the hour of 8:OO a.m. or after the hour of 6:OO p.m. during the months from November 1 through April 30 or 9:00 p.m. during the months from May 1 through October 31. 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 fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 24th day of June 1986, and thereafter /// /// /// /// /// /// /// " 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED AND ADOPTED at a regular meeting of said City Council held on the 1st day of July , 1986 by the following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine NOES: None ABSENT: None APPROVED AS TO FORM AND LEGALITY ., City Attorney , I MARY H.gCASLER, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clefk unm CONSUMERS AM NETWORK 3045 Rosecrans Street Suite 206 San Diego, CA 92110 UCAN (6 1 9) 223-2280 May 22, 1986 James Elliott Finance Director City of Carlsbad 1200 Elm Ave. Carlsbad, CA 92008-1989 RE: Non-profit solicitation Dear Mr. Elliott: Thank you for your informative response to our inquiry on solicitation permits. As per your recommendation, I reviewed the Municipal Code sections and was disburbed by the content of Code B 8,32,050 which bans soliciting after 6 PM. This rule appears to be directly violative of California law. I've enclosed a copy of a case which clearly addresses the "sunset" restriction imposed by your Municipal Code. Please bring this discrepency to the attention of the appropriate city official, presumably the city attorney. We had planned to canvass in Carlsbad in June and do not feel that we should limit our canvassing to afternoons. I would appreciate an advisory by the city as to whether you plan on enforcing a code section that is clearly unconstitutional. Certainly, we do not wish to violate any legitimate laws of the city. Your prompt response to this inquiry is most appreciated. Executive Director encl.