HomeMy WebLinkAbout785 - OrdinancesORDINANCE NO. 785
AN ORDINANCE OF THE COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 9.26 AND
ADDING CHAPTER 9.31 TO THE RANCHO CUCAMONGA
MUNICIPAL CODE CONCERNING SOLICITATION
A. RECITALS.
(i) It is this Council's intent and goal in adopting this Ordinance to prohibit
aggressive solicitation within the City of Rancho Cucamonga. This Council
finds and declares that the prohibitions imposed by this Ordinance are
intended to provide for the public safety and well being of the community.
(ii) It is also this Council's intent and goal in adopting this Ordinance to establish
reasonable restrictions upon solicitation within the City -•of-- Rancho
Cucamonga in order to maintain public privacy. The Council finds and
declares that these restrictions are necessary to meet its compelling
interests.
B. ORDINANCE.
NOW, THEREFORE, the Council of the City of Rancho Cucamonga does hereby
ordain as follows:
SECTION 1: Chapter 9.26 of the Rancho Cucamonga Municipal Code hereby
is amended to read as follows:
"LOITERING
9.26.010 Loitering in designated public places prohibited.
9.26.020 Loitering in front of buildings prohibited.
9.26.030 Violation-Penalty.
9.26.010 Loitering in designated public places prohibited.
It is unlawful for any person to loiter or stand or sit in or upon any public highway,
alley, sidewalk or crosswalk so as to in any manner hinder or obstruct the free
passage therein or thereon of persons or vehicles passing along the same.
9.26.020 Loitering in front of buildings prohibited.
It is unlawful for any person to loiter or to stand or sit in or at the entrance of any
church, hall, theater or place of public assemblage in any manner so as to
obstruct the entrance.
9.26.030 Violation-Penalty.
Any person engaging in any activity declared unlawful by Section 9.26.010 or
9.26.020 is guilty of a misdemeanor and shall be punished as set forth in Section
1.12.020 of Chapter 1.12 of Title 1 of this code.
Ordinance No. 785
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SECTION 2: Chapter 9.31 is hereby added to the Rancho Cucamonga
Municipal Code to read as follows:
"SOLICITATION
9.31.010 Definitions
9.31.020 Solicitation of Employment or Business from Streets and
Highways Prohibited
9.31.030 Aggressive Solicitation Prohibited
9.31.040 Hours of Solicitation
9.31.010 Definitions
(A) 'Public place' shall mean a place to which the public or a substantial
group of persons has access, and includes, but is not limited to, any street,
highway, sidewalk, parking lot, plaza, transportation facility, school, place of
amusement, park, playground, and any doorway, entrance, hallway, lobby and
other portion of any business establishment, an apartment house or hotel not
constituting a room or apartment designed for actual residence.
(B) 'Solicitation' or 'Solicit' shall mean any request, demand, entreaty,
invitation, plea, offer, enticement or action using the spoken, written, or printed
word, or bodily gestures, signs or other means, for the purpose of obtaining an
immediate donation of money or other thing of value or soliciting the sale of
goods or services. 'Solicitation' does not include the distribution of free literature,
flyers or leaflets. Solicitation is subject to the provisions of Section 5.04.350 of
this Municipal Code.
(C) '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.
9.31.020 Solicitation of Employment or Business from Streets and
Highway Prohibited.
(A) 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.
9.31.030 Aggressive Solicitation Prohibited
No person shall solicit in an aggressive manner in any public place. Aggressive
manner shall mean the following:
(A) Approaching or speaking to a person, or following a person before,
during or after soliciting, asking or begging, if that conduct is intended or is likely
to cause a reasonable person to fear bodily harm to oneself or to another,
damage to or loss of property, or to otherwise be intimidated into giving money or
other thing of value;
Ordinance No. 785
Page 3 of 4
(B) Intentionally touching or causing physical contact with another person or
an occupied vehicle without that person's consent in the course of soliciting,
asking or begging;
(C) Intentionally blocking or interfering with the safe or free passage of a
pedestrian or vehicle by any means, including unreasonably causing a
pedestrian or vehicle operator to take evasive action to avoid physical contact;
(D) Using violent or threatening gestures toward a person solicited either
before, during, or after soliciting, asking or begging;
(E) Persisting in closely following or approaching a person, after the person
solicited has been solicited and informed the solicitor by words or conduct that
such person does not want to be solicited or does not want to give money or any
other thing of value to the solicitor; or
(F) Using profane, offensive or abusive language which is inherently likely to
provoke an immediate violent reaction, either before, during, or after solicitation.
9.31.040 Hours of Solicitation
No person shall solicit at the location of any residence from the time of sunset in
one day to the time of sunrise the next day."
SECTION 3: If any provision or clause, paragraph or word of this Chapter or
application thereof is held invalid, such invalidity shall not offset
other provisions or applications of this Chapter which an be given
effect without the invalid provision or application, and to this end
the provisions of this Chapter are declared to be severable.
SECTION 4: The City Clerk shall certify to the pass of this Ordinance.
Please see the Iollowing page
Ior Iormal adoption, certilicafion and signatures
Ordinance No. 785
Page 4 of 4
PASSED, APPROVED, AND ADOPTED this 16`h day of January 2008.
AYES: Gutierrez, Kurth, Spagnolo, Williams
NOES: None
ABSENT: Michael
ABSTAINED: None
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J. Kurth,WhD., Mayor
ATTEST:
~~~~
Debra J. Ad ,CMC, 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 19`h day of December 2007, and
was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on
the 16`h day January 2008.
Executed this 17`" day of January 2008, at Rancho Cucamonga, California.
~,~`-~r'-~2J
Debra J. Ad ,CMC, City Clerk