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Home My WebLink About2000-02-22 Ordinance 4614follows: ORDINANCE NO. 4614 ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO ADDING CHAPTER 9.45 OF TITLE 9 (PEACE, MORALS, AND SAFETY) TO THE PALO ALTO MUNICIPAL CODE REGULATING SOLICITATION IN STREETS, COMMERCIAL PARKING AREAS, AND IN AND ADJACENT TO DRIVEWAY ENTRANCES The Council of the City of Palo Al to does ORDAIN as SECTION 1. The Council hereby finds as follows: (a) Soliciting employment, bus s or contributions from occupants of vehicles distracts drivers from their primary duties to (i) watch t fic and be alert possible tra or pedestrian ha (ii) to observe 1 traffic control signals, signs, or warnings, and (iii) to avoid unnecessary obstruction or congestion of tra (b) Distracted drivers are accidents and pose a substantial traf more prone to automobi c safety hazard potent 1. (c) The Council's study and consideration of the hazards presented by employment, business or contributions solicitat from vehicle occupants in streets and in and adjacent to driveway approaches to streets, as well as in commercial parking areas, confirms that there are ample alternative locations and means for communication by those persons who wi to solicit for these purposes, upon both public and private property throughout the city, and that restrictions adopted by s ordinance provide a fair balance of public interest in traffic safety and interests in tation. (d) Drivers who solicit or accept offers of employment, business or contributions from pedest ans pose a substant 1 traffic hazard because, in order to sol or accept offers, the dri ver must slow or stop a vehicle traffic. This creates a potential obstacle to other drivers and exposes the pedestrian to a greater potent of being struck by a passing car. SECTION 2. Chapter 9.45 is hereby added to Title 9 (Public Peace, Morals, and Safety) of the Palo Alto Municipal Code to read as follows: 1 000217 syn 0043837 (e) The Council has determined that ample alternative locations will be served for solicitation act s throughout Palo Alto, both in public streets and sidewalks which the Council has not designated for restriction under this ordinance and in commercial parking where solicitation policies led with the City Manager must provide locations where solicitation activities are permitted on the commercial property. CHAPTER 9.45 SOLICITATION IN STREETS, COMMERCIAL PARKING AREAS, AND IN AND ADJACENT TO DRIVEWAY ENTRANCES 9.45.010 De tions. (a) "Solicit" shall mean and include any request, offer, enticement, or action which announces the availability of a person to engage in an employment transaction, to engage in a business transaction, or to engage in the contribution of money or other property. Solicitation shall be deemed complete when made whether or not an actual employment relationship is created, a business transaction is completed, or a contribution of money or other property takes place as a result of a solicitation. (b) "Bus s" shall mean and include any type of product, performance, or activity which is provided or performed, or offered to be provided or performed, in exchange for money, labor, goods, or any other form of consideration. (c) "Employment" shall mean and include the provision of services, industry, or labor performed by a person for wages or other compensation or under any contract of hire, or oral, expressed or implied. (d) "Contribution" shall mean and include any donation of money, goods, or other things of value. (e) "Street" means and includes the paved portion of any public street, highway, expressway, or alley within the city (including the vehicular travel lanes, parking areas, bicycle lanes), as well as the medians thereof (whether paved or planted or marked with striping) and any sidewalks (including planter strips between the curb and the sidewalk) within the public right way. (f) "Driveway approach" means any portion of sidewalk which is utilized vehicular access from property to any public street, highway, expressway or al 2 000217 syn 0043837 public private (f) "Driveway approach" means any portion of the public sidewalk which is utilized vehicular access from private property to any public street, highway, expressway or alley. 9.45.20 Sol tation in designated streets prohibited. (a) It shall be unlawful for any person, while that person is locat on a street location designated by resolution of the city council, to sol employment, business, or contributions from occupants of vehicles on that street location. (b) It shall be unlawful any person, while occupying any vehicle on a street location designated by resolution of the city council, to solicit employment, business, or contributions from pedestrians or from occupants of other vehicles on that street location. (c) Violations of this section shall not be punishable unless signs are posted which provide notice of the prohibitions contained in this section. 9.45.030 Solicitation in designated driveway approaches prohibited. (a) It shall be unlawful any person, while located on or occupying any vehicle on a public street, sidewalk, or planter area within or adjacent to any driveway approach (i.e. within fifty feet of a driveway approach) a location designated by resolution of the ty council to solicit employment, business, or contributions from occupants of vehicles crossing or occupying that driveway approach. (b) It shall be unlawful for any person, while located on or occupying any vehicle on a public street, sidewalk, or planter area with any driveway approach in a location designated by resolution of the City Council to solicit employment, business, or contributions from pedestrians crossing or occupying that driveway approach. (c) Vi at ions of this section shall not be punishable unless signs are posted which provide not of the prohibitions contained in this section. 9.45.040 Sol tation in commercial parking areas. (a) No person shall solicit employment, business or contributions from a location within a commercial parking area other than an area within or served by such parking area which is authori by the property owner or the property owner s authorized representative for such solicitations. 3 0OO217syn 0043837 (b) For purposes of this section, a "commercial parking area" shall mean privately owned property which is designed or used primarily for the parking of vehicles and which adjoins one or more commercial establishments. (c) This section shall only apply to commercial parking areas where the following occurs: (i) The owner or person in lawful possession of the commercial parking area establishes a written policy which provides area (s) for the lawful solicitation of employment, business, or contributions of money or other property in locations which are accessible to the public and do not interfere with normal business operations of the commercial premises; (ii) A copy of said policy is submitted to the City Manager to be maintained in City files; and, (iii) The owner or person in lawful possession of the commercial parking area has caused a notice to be posted in a conspicuous place at each entrance to such commercial parking area not less than fourteen by twenty inches in size with lettering not less than one inch in height and not to exceed in total area six feet. The notice shall be in substantially the following form: "Palo Alto Municipal Code section 9.45.040 prohibits solicitation of employment, business or contributions of money or other property in areas of this commercial parking lot which are not approved for such activity by the property owner." 9.45.050 Violations punishable as infractions. Violations of this chapter shall be punishable as infractions. No person shall be cited under this ordinance unless the person engages in conduct prohibited by this section after having been notified by a law enforcement officer that he or she is in violation of the prohibition in this ordinance. SECTION 3. This ordinance does not constitute a project having potential effects upon the environment and therefore does not require environmental review under the California Environmental Quality Act. 4 000217 syn 0043837 4. This ordinance shall be ef =:..::..-::.:..:=-:,..::...:.--=-ive on the thirty-f after the date its adoption. INTRODUCED: February 7, 2000 PASSED: February 22, 2000 AYES: BEECHAM, EAKINS, FAZZINO, KNISS, OJAKIAN NOES: BURCH, KLEINBERG, LYTLE, MOSSAR ABSTENTIONS: ABSENT: ATTEST: APPRO ED: ~9·~ 5 000217 syn 0043837 /);)J~ THIS DOCUMENT IS CERTIFIED TO BE AN ORDINANCE DULY PASSED BY THE COUNCIL OF THE CITY OF PALO ALTO AND THEr.;A~ T;R POSTED~ UUZ;OUNCIL CHAMll=R"" mil ~ ~s, 6b . (WITHIN 15 DAYS or: ITS PASSAGE) '7 "I Cer!ify (or declare) under penalty of perjury itl1.lt the foregoing is true and correct." S/&/qo 410 cJ£i6 ~, -Date & Place ~'a'£.J~I'K..J S~rtq