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HomeMy WebLinkAbout2000-07-18; City Council; 15827; Solicitation Of Materials To Persons In Vehicles-, ,..A - . 1 - . :/T ? (c A s- CITY OF CARLSBAD - AGEtWA BILL’., ’ TITLE: DEPT. HD. ADOPTION OF ORDINANCE NO. NS-552 AMENDING CHAPTER 8.28 OF THE CARLSBAD MUNICIPAL CODE CITY ATTY. TO SPECIFY THE LOCATIONS AND CONDITIONS FOR DISTRIBUTION OR SOLICITATION OF MATERIALS TO CITY MGR PERSONS IN VEHICLES . . AB# &&?7 MTG. 7-18-00 DEPT. CLK Adopt Ordinance No. NS-552 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. ITEM EXPLANATION: Ordinance No. NS-552 was introduced and first read at the City Council meeting held on July II, 2000. The second reading allows the City Council to adopt the ordinance, which would then become effective in thirty days. The City Clerk will have the ordinance published within fifteen days, if adopted. FISCAL IMPACT: See Agenda Bill No. #15,819 on file with the City Clerk. EXHIBITS: 1. Ordinance No. NS-552. 1 2 3 4 5 6 7 8 9 10 11 12 18 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Code does ordain as follows: SECTION 1: That sections 8.28.050, 8.28.060 and 8.28.070 of the Carlsbad Municipal are repealed and that section 8.28.050 is reenacted to read as follows: “8.28.050 Distribution or solicitation to persons in vehicles.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. 1 2 3 4 5 6 7 0 9 10 11 12 9 8 mwa, 227 pg 13 sag 14 :p 9 OS? 15 a;Sa $;ss 16 o*a != ocfl 42 17 g-3 18 19 20 21 22 23 24 25 26 27 28 (b) Distributing materials or soliciting business or contributions is permitted on sidewalks adjacent to public roadways with a speed limit of thirty-five miles per hour or less as shown on the attached map labeled Exhibit A and found on file in the city clerk’s office, except: (1) When the, public roadway intersects with another public roadway that has a speed limit greater than thirty-five miles per hour, in which case distribution or solicitation is prohibited within one hundred feet of the intersection; (2) In the commercial/visitor-serving overlay zone as shown on the attached map labeled Exhibit B and found on file in the city clerk’s office; (3) Anywhere on La Costa Avenue. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 3 -. 1 w No more than one person at a time may distribute materials or solicit business or contributions at the quadrant of any intersection where distribution or 2 solicitation is permitted under subsection (b) above.” 3 4 EFFECTIVE DATE: This ordinance shall be effective thirty days after its 5 adoption, and the City Clerk shall certify the adoption of this ordinance and cause it to 6 be published at least once in a newspaper of general circulation in the City of Carlsbad 7 within fifteen days after its adoption. 0 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad 9 City Council on the 11th day of July ,2000, and thereafter 10 11 PASSED AND ADOPTED at a regular meeting of the City Council of the 12 9 8 mwo, I?r- 98 3 13 OWgj aq, 14 p&g 9 "2s 15 gr;gJ. 0 B$d,- pg 16 a009 c 2% 17 u 0 18 19 20 21 22 23 24 25 26 27 City of Carlsbad on the 18th day of July , 2000, by the following vote, to wit: AYES: Council Members Lewis, Hall, NyQaard and Kulchin NOES: Council Member Finnila ABSENT: None ATTESTi, (SEAL) 28 3 LEGEND: 35 MPH OR LOWER HA WKEI? ACTlVlTY \Fl PROHlBlTED 0 NO HAWKER ACTIVITY \ \i PERMTTEO WITHIN 500 FT. OF A FREEWAY OFF RAMP OR ON RAMP WC Sedion 22520.6) ‘ROJECT NAME ROADS WITH SPEED LIMITS EXHIBIT 35 MPH OR LESS -T- A @ COMMERCIAL/VISITOR-SERVING .OVERLAY ZONE zc 99-03