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HomeMy WebLinkAbout1999-03-09; City Council; 15094; Newspaper Solicitation In StreetsAB# t<;@jY MTG. 34-49 DEPT. CA h CITY OF CARLSBAD - AGENDA BILL TITLE- d DEPT. HD. NEWSPAPER SOLICITATION IN STREETS CITY ATTY. C1TYMGR.a RECOMMENDED ACTION: Accept report, thereby allowing Police Department to continue to enforce state laws and municipal ordinance preventing newspaper sales by vendors in the street. ITEM EXPLANATION: On September 22, 1998, Council heard a presentation by Dick High, publisher of the North County Times, requesting non-enforcement of City and state law so that members of the Alpha Project could continue to sell newspapers in Carlsbad in the streets. Council’s action regarding the presentation was to refer the matter to staff for report. This is that report. By letter from the City Attorney to the publishers of the Carlsbad Sun, North Countv Times, and San Dieao Union Tribune dated May 18, 1998 the newspapers were informed that the Carlsbad Police Department would resume enforcing Carlsbad Municipal Code section 8.28.050 effective August 20, 1998. That section prohibits the distribution or solicitation of printed material to any person riding in a vehicle in use on any public street in the City for purposes of travel. Additionally, Carlsbad Municipal Code section 8.28.060 makes it unlawful for any person to attempt to stop or actually stop a vehicle on a public street for the purposes of travel, in order to distribute any material or solicit for any business. These ordinances were lawfully enacted pursuant to Vehicle Code section 21961, which implements the state law preventing pedestrians from crossing the roadway at any place except in a crosswalk, and expressly does not preempt similar local ordinances. Vehicle Code section 21955 makes it unlawful for pedestrians to cross the roadway at any place except in a crosswalk; section 21453 prohibits a pedestrian facing a red light from entering the roadway; sections 21461 and 21462 make it unlawful for pedestrians not to obey signs, signals and laws regarding the conduct of pedestrians; and section 21463 makes it unlawful to operate a signal device which is established to allow pedestrians to cross roadways for any purpose other than to cross the roadway. .(An analysis of complaints and observations indicates that one of the tactics being used by the street vendors was to operate the signal when there were no pedestrians to cross, in order to stop the flow of cars and create more opportunities for solicitation, thus significantly disrupting the flow of traffic.) Additionally, Vehicle Code section 22520.5 prohibits the solicitation, display or offering for sale of any merchandise or service by a person on a freeway right-of-way; any roadway within 500’ of a freeway off-ramp or on-ramp; or any sidewalk within 500’ of a freeway off-ramp or on-ramp. The case law has upheld ordinances such as ours, making no exception to the absolute prohibition, based on recognition of the significant goal of safety on the roadways. Such ordinances constitute reasonable time, place and manner content-neutral prohibitions, Agenda Bill # 15.04 9 Page 2 - The Police Department Traffic Division, Police Chief, and the City’s Traffic Engineer remain of the very strongly held conviction that the City’s ordinances, and companion state laws, must be enforced in order to protect the motoring public as well as the hawkers themselves from the significant dangers posed by pedestrians wandering amongst stopped cars at red lights for the purpose of solicitation as opposed to lawfully crossing the street within a crosswalk to get to the other side. A further problem arises when hawkers stand on the raised median during the green cycle of the traffic signal and attempt to solicit newspapers from motorists driving past them. ALTERNATIVES: The staff recommendation is that Council accept this report and take no action, whereby the Police Department would continue to exercise its prosecutorial discretion with regard to enforcement of both applicable state laws and the City’s ordinances. However, alternatively, the Council initiate action to repeal Carlsbad Municipal Code sections 8.28.050 and 8.28.060. That repeal would leave the Police Department without the tool of infraction violations of those municipal code sections. However, as pointed out above, that same conduct would simultaneously also be a violation of one or more Vehicle Code provisions. A second alternative, also not recommended by staff, would be to amend section 8.28.050 and 8.28.060 to only apply to certain specified intersections and/or streets which are thought to be of greater concern. FISCAL IMPACT: None by acceptance of this report. ENVIRONMENTAL REVIEW: Continued enforcement of the City’s ordinances and companion state law. Prohibitions regarding solicitation of sales in the streets is not a “project” under CEQA. TELELPHONE MESSAGE March 8,1999 TO: MAYOR CITY COUNCIL FROM: JOAN AND ALAN KINDLE RE: NEWSPAPER HAWKERS -AGENDA ITEM 13 Please stand your ground on March 9 and support staffs recommendation. This is clearly a safety issue that cannot be ignored. The hawkers are friendly, highly-motivated and energetic - all admirable traits in the pursuit of earning a living. However, talking to drivers, jumping around and dancing between cars are inappropriate distractions that could prove deadly. Negotiating traffic requires the full attention of the driver. mhs c: City Manager City Attorney City Clerk * a ’ * 1 ‘. I’. (1’ , ., 6 ’ I. I :., I ) I I I ; .: : March 9,1999 h&Or hid L8wiS City of C&bad Dear Mayor Lewis: AGENDA ITEM # c: Mayor City Council . City Manager City Attorney city clerk On behalfof the Alpha Project and the North County Times, I am formally asking that you and the council &lay any action on the staff recommendation issued March 5 concerning ‘Newspaper Solicitation in Streets.” Additionally, I am requesting that the appropriate subcommittee of the council meet with repmsentativ8s ofthis newspaper and the Alpha Project on this matter. As you are surely aware, our attempts to discuss safety or any related issue with city staff following the September 22,1998 meeting hav& not been fruitful. We remain interested in foflowing your suggestion to our publisher, Richard High, that we should meet with the city staE to seek mutuahy acceptable solutions. City staff has not spoken to our staff or requested any information or suggestions from us, to date. The tie to find good sohrtions is at band. we dl agree that the tipha hawker program is a spectacularly successfirl “point of light” in turning derelict homeless men into employed productive citizens. And we agree that the city’s concerns about safety are legitimate. We remain confldent that the Alpha program candpezate within acceptable rules of safety. To force these hawkem to cease activity in Carlsbad til be t.e turn an all-around win for the community and society as a whole into an enorn@us?oss. KRD:maw 207 EAST PENNSYLVANIA AVENUE l ESCONDI.DO, CALIFORNIA 92025 l (760) 1339-3333 MAR--88-99 85:28 PW DAVENORINESJGAFOOSE ..I.. THE HONORABLE MAYOR BUD LEWIS AND CITY COUNCIL MEMBERS I200 Carlsbad Village Drive Carlsbad. CA 92008 434 4281 AGENDA ITEM # 1 3 a Mayor City Council City Manager Cily Attorney City Clerk P.Bl Dear Mayor Lewis and Council Members: It has come to my attention that the issue of street Hawkers is coming before you at your regular meeting on Tuesday. March 9, 1999. 1 cannot tell you how strongly 1 am opposed to the program. The disruption to trafic is terrible. 1 am always so afraid 1 will hit one of them as they do not look out for trafic, even though they are the ones in the right of way. 1 have seen near misses on many occasions as other drivers are dodging the hawkers. It is only a matter of time before there is serious injury to one of them and/or one of us. When I set these people selling newspapers on the street, I feel as though I have been transported out of Carlsbad. I don’t like it. I don’t like the way it looks or the way it detracts from our wonderful Carlsbad ambiance. Moreover, if we allow them to hawk their papers, in short order we will have people wantb to hawk all sorts of other wares. 1 shudder to think of walking down grand or state and being accosted by street hawkers. AS a hotelier, I like the peace that having no hawkers affords our tourist. 1 have been told by more than one guest how much they like C&bad because no hawkers are allowed on the strecls and the beaches. Others have said they have traveled all over the world that Carlsbad is the one place where they are not bothered by such hawkers. Please, lets keep it like that. No street hawkers in our village. Thank you for all that you do to protect the quality of life that we, the citizens of Carlsbad treasure. Zt-3; (.l(.:~t’,N S’l’~cF,r”l’ = (‘:AKI.$PAI.), c’A.[,IF~RNIA 92008 . (700) 4 34Jl6P ----l....F-s _..I -.----- --..lml.l,l. .-w. I-