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HomeMy WebLinkAbout1993-07-13; City Council; 12314; RESTRICTION ON HOURS OF PEDDLING, SOLICITING AND/OR VENDINGr - 8iiiLL -_--- _-_-___ -- - - --- __l_l__l____l --- EFT= &; RESTRICTION ON HOURS OF PEDDLING, SOLICITING AND/OR VENDING I --- - -_.- .. . -- _=.-_----- -- - If Council concurs, introduce Ordinance No. flS-250 ame Carlsbad Municipal Code Section 8.32.050, changing the allo hours for solicitation on private property, ITEM EXPLANATION The City Attorney recommends amendment of CMC Section 8.32.0 expand the allowable hours of solicitation on private proper allow solicitation until at least 8:OO p.m. The current ordi only allows solicitation from 8:OO a.m. to 6:OO p.m. November April 30, and 9:00 p.m. from May 1 through October 31. He recommends an amendment to link the 9:00 p.m. deadline daylight savings time, rather than May 1. These changes are necessary to protect the City from liabilit local nonprofit organization has threatened to file a lawsu the ordinance is not amended to extend the hours of solicita The organization filed suit against the City of Vista anc damages for the contributions lost due to restrictions ii rn city's ordinance. Court cases in recent years have uphel m I First Amendment right to solicit beyond the hours contained i z current ordinance. The time limit in the proposed ordinanc chosen after a review of court decisions as a reasc g accommodation between the rights of the solicitors and the 'b: 0 CJ a, of the private property owners. U d a C -rl a N a a, V 3 a 0 &I u *r4 4 -4 V r: 3 0 0 FISCAL IMPACT 0 Potential savings of damages and litigation costs. EXHIBIT Ordinance No e hls -2 50 E: Exhibit A - illustration of changes cr) a 2 8 \ cr) 4 \ r. a i 8 2 a 1 2 3 4 5 6 7 8 9 10 11 12 2m 02 m LU E 13 $Ea5 408 JOU2 JU-(3 . 14 St$$ KtSK svn2 15 p;: OZJO 092 LO0 zzs - CII~K~ 16 17 18 19 2~ 21 22 23 24 25 26 27 28 <OJ 0 e 0 ORDINANCE NO. NS-250 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 8, CHAPTER 8.32 OF THE CARLSBAD MUNICIPAL CODE BY AMENDING SECTION 8.32.050 BY CHANGING THE HOURS IN WHICH A PERSON CAN SOLICIT AT A PRIVATE RESIDENCE The City Council of the City of Carlsbad, Californi ordain as follows: SECTION I: That Title 8, Chapter 8.32 of the Ca Municipal Code is amended by the amendment of Section 8.32. read as follows: "8.32.050 Restriction on hours. No person shall go onto private property for the pu of commercial or noncommercial peddling soliciting, vend canvassing before the hour of eight a.m. or after the hour 01 p.m., except that while the United States is on federally ma daylight savings time the hours shall be eight a.m. to nine This ordinance shall be effective days after its adoption, and the City Clerk shall certify adoption of this ordinance and cause it to be published at once in the Carlsbad Sun within fifteen days after its ado1 EFFECTIVE DATE: INTRODUCED AND FIRST READ at a regular meeting Carlsbad City Council on the 13th day of JULY and thereafter /// /// /// /// /// /// Page 1 of 2 of Ordinance No. d f 2 3 4 5 6 7 8 9 10 11 12 zzz 13 en8 Ow% 3uu m,ji on^ <;s2 Erran Q0-J 0 42 -lo<< '4 rrtq 15 ZYW. 16 E:; >:s 17 '00 18 19 20 21 22 23 24 25 26 27 28 0 0 PASSED AND ADOPTED at a regular meeting of the Council of the City of Carlsbad on the day of 1993, by the following vote, to wit: AYES: NOES : ABSENT: APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attorney CLAUDE A. LEWIS, Mayor ATTEST : ALETHA L. RAUTENKRANZ, City Clerk Page 2 of 2 of Ordinance No. HT - a..ro e e 1( EXHIBIT A 1"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 eight a.m. or after the hour of S&E P.m., I= 1st thr-ril 30th cr ElEC p . - ALL. u %riEq thc Iffettths - st thmpA c&&cr 31&