Loading...
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& 1 2 3 4 5 6 7 a 9 10 11 12 la 19 20 21 22 23 24 25 26 27 28 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. 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 ia 19 20 a21 22 23 24 25 26 27 28 (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. Ill Ill II/ Ill Ill III Ill III Ill III Ill Ill Ill Ill Ill Ill Ill Ill . . 1 2 3 4 5 6 7 a 9 10 11 12 2 3 mwm 32-7 si$ 13 du, ,YpJZ 14 .f?zd$ aG'O s c)lL Sk32 15 0 $$&,- o$a 16 E q as!!? it: “% 17 u v la 19 20 21 22 23 24 25 26 27 28 (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) 3 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