HomeMy WebLinkAbout1986-06-24; City Council; 8384-2; Extending time for peddlers, solicitors &vendors.- J
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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.~
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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
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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
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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.