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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 Page 2 of 4 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 ~ ~~~'~ 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