HomeMy WebLinkAbout2000-07-11; City Council; 15819; Solicitation Of Materials On Sidewalks4
CITY OF CARLSBAD - AGEIWA BILL ‘<
AB# j&%/q TITLE:
AMENDMENT OF MUNICIPAL CODE TO SPECIFY
MTG. 7- 11 -go LOCATION AND CONDITIONS FOR DISTRIBUTION OR
SOLICITATION OF MATERIALS ON SIDEWALKS
DEPT. POLICE
RECOMMENDED ACTION:
Introduce Ordinance No. NS -sS~ extending Ordinance No. NS-499, allowing the
distribution or solicitation of materials on sidewalks adjacent to certain roadways within
Carlsbad.
ITEM EXPLANATION:
Ordinance No. NS-499 was adopted by the City Council at the meeting on July 20, 1999.
Title 8, Chapter 8.28 of the Carlsbad Municipal Code was amended by the addition of
Section 8.28.070 to specify the location and conditions for distribution or solicitation of
materials on sidewalks. Sub-Section C. states, “This section shall continue in full force
and effect for one year from its effective date and shall sunset automatically unless the
City Council extends or amends it prior to that time.”
Staff is recommending that the ordinance’s provisions continue in effect indefinitely and
not sunset. Three citations were written in 1999 for violations. However, none have been
reported this year. Officers have reported good overall compliance. No accidents or
significant safety hazards were observed.
FISCAL IMPACT:
None.
ENVIRONMENTAL REVIEW:
Enactment of this ordinance is not a project within the meaning of the California
Environmental Quality Act and falls within the exception that when an activity can be seen
with certainty that no adverse environmental effect will result, preparation of environmental
documents are not necessary.
EXHIBITS:
1. Ordinance No. N s -sg&
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ORDINANCE NO. NS-552
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING CHAPTER 8.28 OF
THE CARLSBAD MUNICIPAL CODE TO SPECIFY THE
LOCATIONS AND CONDITIONS FOR DISTRIBUTION OR
SOLICITATION OF MATERIALS TO PERSONS IN
VEHICLES.
WHEREAS, the City Council, at its meeting of July 20, 1999, amended
Chapter 8.28 of the Carlsbad Municipal Code to add a provision permitting the hawking
of newspapers under certain circumstances at certain locations; and
WHEREAS, the ordinance was to remain in effect for one year from its
effective date and would sunset automatically unless the City Council extended or
amended it prior to that time;
WHEREAS, the City Council directed staff to prepare a report and
recommendation on the effectiveness of the ordinance prior to its expiration so the City
Council could consider whether to amend or extend the ordinance; and
WHEREAS, staffs report recommends that the ordinance’s provisions
continue in effect indefinitely and not sunset;
NOW, THEREFORE, the City Council of the City of Carlsbad Code does
ordain as follows:
SECTION 1: That sections 8.28.050, 8.28.060 and 8.28.070 of the
Carlsbad Municipal are repealed and that section 8.28.050 is reenacted to read as
follows:
“8.28.050 Distribution or solicitation to persons in vehicles.
(a) Except as permitted by subsection (b) below, it is unlawful for any
person, while on a public sidewalk or in a public roadway, to distribute or attempt to
distribute materials to, or to solicit, or attempt to solicit business or contributions from,
any person who is traveling in any type of vehicle along a public roadway.
C.
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(W Distributing materials or soliciting business or contributions is
permitted on sidewalks adjacent to public roadways with a speed limit of thirty-five miles
per hour or less as shown on the attached map labeled Exhibit A and found on file in
the city clerk’s office, except:
(1) When the public roadway intersects with another public
roadway that has a speed limit greater than thirty-five miles per hour, in which case
distribution or solicitation is prohibited within one hundred feet of the intersection;
(2) In the commercial/visitor-serving overlay zone as shown on
the attached map labeled Exhibit B and found on file in the city clerk’s office;
(3) Anywhere on La Costa Avenue.
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(c) No more than one person at a time may distribute materials or
solicit business or contributions at the quadrant of any intersection where distribution or
solicitation is permitted under subsection (b) above.”
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption, and the City Clerk shall certify the adoption of this ordinance and cause it to
be published at least once in a newspaper of general circulation in the City of Carlsbad
within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad
City Council on the 11th day of July ,2000, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Carlsbad on the day of , 2000, 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:
LORRAINE M. WOOD, City Clerk
(SEAL)
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LEGEND:
PERMlTTED WITHIN 50 OF A FREEWAY OFF OR ON RAMP (VC Section 22520.6)
PROJECT NAME ROADS WITH SPEED LIMITS EXHIBIT
35 MPH OR LESS A
COMMERCIALMSITOR-SERVING
.OVERLAY ZONE
zc 99-03