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HomeMy WebLinkAbout695 - Ordinances ORDINANCE NO. 695 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA AMENDING CHAPTER 9.26 OF TITLE 9 OF THE RANCHO CUCAMONGA MUNICIPAL CODE, PROHIBITING THE SOLICITATION OF EMPLOYMENT OR BUSINESS WHILE IN OR ON A PUBLIC STREET THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: The City hereby finds that there continues to be public safety and traffic flow problems created by persons running into, going upon and remaining in the streets and swarming cars to solicit work from persons traveling in vehicles and that it is necessary to continue to have an ordinance that prohibits solicitation of persons traveling in vehicles while in or upon a street or highway. However, the City finds that it is appropriate to amend Chapter 9.26 to clarify certain terms to more clearly state the original and continuing intent of the Chapter. These amendments are clarifications of existing law and reflect the manner in which the Chapter has previously been applied and enforced. SECTION 2: Section 9.26.030 of Chapter 9.26 of Title 9 of the Rancho Cucamonga Municipal Code is hereby amended to read as follows: "Section 9.26.030(a) Solicitation While On or In A Public Street or Highway. It shall be unlawful for any person(s) physically present in or on a street or highway, to solicit the occupant(s) of any vehicle traveling upon any street or highway. This section does not prohibit solicitation by persons off the street or highway, or on a sidewalk." "Section 9.26.030(b) Solicitation Defined. "Solicitation" shall mean any request, offer, enticement, or action, which announces the availability of employment, services, goods, or seeks a donation or contribution. "Solicitation" does not include the distribution of free literature, flyers or leaflets." "Section 9.26.030(c) Street, Highway and Sidewalk Defined. The terms "street", "highway" and "sidewalk" shall have those meanings as set forth in Sections 360, 509 and 555, respectively, of the California Vehicle Code, or any successor provisions thereto. Ordinance No. 695 Page 2 of 3 SECTION 3: Violation Penalty. "Section 9.26.040 Violation Penalty. "Any person engaging in any activity declared unlawful by subsection (a) of Section 9.26.030 is guilty of a misdemeanor and shall be punished as set forth in Section 1.12.020 of Chapter 1.12 of Title I of this Code." SECTION4: Severability. The City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance shall remain in full force and effect. SECTION 5: The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law. PASSED, APPROVED, AND ADOPTED this 15th day of January 2003. AYES: Alexander, Gutierrez, Howdyshell, Kudh, Williams NOES: None ABSENT: None ABSTAINED: None William J. 7xander, M~yor Ordinance No. 695 Page 3 of 3 ATTEST: Debra J. Adams~C, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting of the Council of the City of Rancho Cucamonga held on the 18th day of December 2002, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 15th day of January 2003. Executed this 16th day of January 2003, at Rancho Cucamonga, California.