HomeMy WebLinkAbout1993-07-13; City Council; 12314; RESTRICTION ON HOURS OF PEDDLING, SOLICITING AND/OR VENDINGr - 8iiiLL
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RESTRICTION ON HOURS OF PEDDLING,
SOLICITING AND/OR VENDING
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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:
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FISCAL IMPACT
0 Potential savings of damages and litigation costs.
EXHIBIT
Ordinance No e hls -2 50
E: Exhibit A - illustration of changes
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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
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Page 1 of 2 of Ordinance No.
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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
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