HomeMy WebLinkAbout2000-01-18 City Council (17)City of Palo Alto
City Manager’s Report
TO:HONORABLE CITY COUNCIL
FROM:
DATE:
SUBJECT:
CITY MANAGER
JANUARY 18, 2000
DEPARTMENT:
CMR:ll2:00
POLICE
~PPROVAL OF A PROPOSED SAFETY ORDINANCE
REGULATING SOLICITATION FROM STREETS, MEDIANS,
DRIVEWAY ENTRANCES, SIDEWALKS AND PUBLIC RIGHT-
OF-WAYS IN SELECTED POSTED AREAS
REPORT IN BRIEF
The City Council directed staff to develop policy recommendations and a draft ordinance
regulating soliciting from streets, street medians, and driveway entrances. The recommended
policies and ordinance were approved by the Policy and Services Committee on April 13, 1999.
On July 19, 1999, Council considered the recommended policies and draft ordinance. After
listening to public input and discussing the matter at length, Council directed that staff draft a
modified ordinance, focusing on problem areas and requiring public notification in the form of
signage. This report responds to Council direction.
CMR:112:00 Page 1 of 5
RECOMMENDATION
Staff recommends that Council adopt the attached ordinance.
BACKGROUND
In January 1999, Council expressed concem about the safety of motorists due to pedestrians
who sold items or solicited donations while standing in streets, on medians or adjacent to
driveway entrances. Council directed staff to develop policy recommendations and to draft an
ordinance for Council consideration that would regulate these activities.
Staff responded to Council direction by researching these problems and reviewing ordinances
adopted by several other California cities. Staff then presented policy recommendations and
a draft ordinance to the Policy and Services Committee on April 13¢ 1999. The Policy and
Services Committee unanimously approved the recommendations and the draft ordinance. On
July 19, 1999, the City Council considered the policy recommendations and the draft ordinance.
After listening to public input and discussing the matter at length, Council referred the draft
ordinance back to staff and directed that staff draft a similar ordinance focusing on problem
areas and requiring public notification in the form of signage.
Specific concerns expressed by Council in its discussion included:
Whether the problem could be addressed by any current statutes
Whether the proposed ordinance applied to both drivers and pedestrians engaged in the
regulated unsafe practices
Whether the ordinance applied to picketers
Where people would be allowed tO legally solicit
Whether the ordinance applied on private property
Whether a person simply standing on a median and not soliciting would be in violation of
the ordinance
Whether the ordinance should differentiate between certain seasonal activities
Whether the ordinance applied in parks
CMR:ll2:00 Page 2 of 5
That the ordinance was too broad and should be re-drafted to address only problem areas,
including commercial lots
That the ordinance should include a requirement for signage in regulated areas
DISCUSSION
Staff’s initial research, including.the legislative responses of other cities is contained in the
attached CMR (CMR:201:99), which .was reviewed by Council on July t9, 1999. The
information that follows is submitted to address the above.listed~issues, which were raised by
Council at that meeting. "
Staff was unable to locate any existing statute which could be employed to effectively
regulate the unsafe conditions addressed by the proposed ordinance. Contact with other
cities indicated that their responses to this issue were also precipitated by the lack of existing
authorities.
The proposed ordinance applies equally to drivers and pedestrians engaged in the unsafe
practices.
The ordinance would not be applied to picketers. The Ordinance is narrowly constructed to
address only traffic safety problems caused by soliciting of business, employment or
contributions in specifically designated areas. The proposed ordinance was designed to
scrupulously avoid targeting any specific group or infringing on constitutionally protected
activities.
Any person desiring to solicit is essentially free to do so in any area of the city where such
activities are not specifically prohibited. For example, it would be lawful to solicit from
sidewalks or medians in non-posted areas; from a location on any sidewalk in the city which
is at least fifty feet from a posted driveway approach; in any non-posted commercial parking
area, or in the designated area of a posted commercial parking area.
The proposed ordinance, modified as requested by Council, would be enforceable in
commercial parking areas under two conditions: (1) the area must be clearly posted, and (2)
the owner or person responsible for the property must designate an area accessible to the
public where solicitation is allowed.
CMR:ll2:00 Page 3 of 5
A person simply standing on a median would not be in violation of the proposed ordinance.
The proposed ordinance does not differentiate between seasonal activities.
The proposed ordinance does not apply in parks.
The proposed ordinance, modified as requested by Coundil, applies only to designated
problem areas, which have been properly posted.
The proposed ordinance, modified as requested by Council, includes a requirement that
regulated areas be clearly posted.
)
Staff solicited input from the management of Town and Country Shopping Center and Stanford
Shopping Center, the Police Department Traffic Team and the Police Department Downtown
Detail to identify the highest risk locations. Based upon that input (Attachment B) staff
recommends that the following specific locations be posted and regulated:
All controlled intersections along the E1 Camino Real in Palo Alto (including entrances to
Stanford Shopping Center)
Entrance to Town and Country Shopping Center/Embarcadero Road
Entrance to Town and Country Shopping Center/E1 Camino Real
Arboretum Avenue between Sand Hill Road and Quarry Road
POLICY IMPLICATIONS
The proposed ordinance is consistent with a previously adopted provision in the Municipal Code
(9.44.010) prohibiting solicitation from any pedestrian or occupant of a vehicle located in public
lots. The proposed ordinance also supports traffic safety provisions of the Comprehensive Plan
(Goal T-6." A High Level of Safety for Motorists, Pedestrians, and Bicyclists on Palo Alto
Streets, and Program T-47: Utilize engineering, enforcement and educational tools to improve
traffic safety on city roadways.)
CMR:ll2:00 Page 4 of 5
RESOURCE IMPACT
Enforcement of the proposed ordinance would be handled by existing Police Department staff.
The only additional resource impact would be the cost of signage and installation of signs by
Public Works. Estimated cost of signs is $150. Between one and four signs would be necessary
at each controlled location.
ENVIRONMENTAL REVIEW
This is not a project under the California Environmental Quality Act.
ATTACHMENTS
Attachment A:
Attachment B:
Draft Ordinance
CMR:201:99
Memo to Chief Dwyer Regarding Solicitors
PREPARED BY: Patrick Dwyer, Chief of Police
DEPARTMENT HEAD:
CITY MANAGER APPROVAL:
P ’Police
Flemin
CMR:ll2:00 Page 5 of 5
TO:_
ATTENTION:
City of Palo Alto
City Manager’s Report
HONCRABLE CITY COUNCIL
POLICY AND SERVICES COMMITTEE
FROM:CITY MANAGER DEPARTMENT: POLICE
DATE: ’ ~
SUBJECT:
APRIL 13, 1999 ~ CMR:201:99.
RECOMMENDATION REGARDING A PROPOSED
ORDINANCE REGULATING SOLICITATION FROM
STREETS, MEDIANS, DRIVEWAY ENT1LA.NCES,
SIDEWALKS, AND PUBLIC RIGHT-OF-WAYS
REPORT IN BRIEF
The City Council directed staff to develop policy recommendations and a draft ordinance
regarding soliciting from streets, street medians and driveway entrances. The Council also
requested information regarding the extent of the problem; what people would be impacted
by an ordinance and whether enforcement of such an ordinance would move the problem
onto private property. This report provides accident information from selected locations in
the C!ty of Palo Alto during 1998, anecdotal information from interviews with business
people located near those sites and descriptions of responses to this issue by several other
California cities. Attached to the report is a draft of a proposed ordinance, similar to those
adopted by the neighboring cities of Santa Clara, Mountain View and Sunnyvale.
CM’R:201:99 Page 1 of 5
RECOMMENDATION.
Staff recommends that Council consider the adoption the attached ordinance regulating
solicitation from streets, medians, sidewalks, driveway entrances, and other public -fight-of-
ways.
BACKGROUND
In January 1999, the City Council directed staff to develop policy recommendations and to
draft an ordinance for Council consideration that would prohibit soliciting on streets, street
medians and driveway entrances.. Council members expressed concern about the safety of
m~tgd-~ts-and-th~se-p-e~.e-wh~-s~d-items-~r-s~icited-d~nati~ns-whi~e-standing- on- medians.
or on sidewalks adjacent to driveways.
Staffhas reviewed information to determine if any automobile accidents have recently been
caused by this type of behavior. Staff contacted a number of merchants at Town and
County Village and Stanford Shopping Center to ascertain the extent of the problem. Police
staff also made personal observations at three different locations in the City where soliciting
normally occurs. Additionally, staff has contac(ed other cities who have adopted similar
ordinances.
DISCUSSION.
Accident Information
Staff has reviewed accident information for four locations in the City where soliciting from
medians and/or driveway entrances frequently occurs. The locations are: 1) E1 Camino Real
and Palo Alto Avenue; 2) E1 Camino Real at the entrance to Stanford Shopping Center; 3)
E1 Camino Real at the entrance to Town. and Country; and 4) E1 Camino Real and University
Avenue. During 1998, a total of 88 accidents were reported at those locations. The accident
rates at these intersection~ were not substantially different from rates at other comparable
intersections (El Camino Real and Page Mill Road; E1 Camino Real and Arastradero Road;
Middlefield Road and University Avenue; Middlefield Road intersections - 101 accidents),
nor were major variations seen in the severity of collisions.
Staff read each of the 88 accident reports and determined that the primary collision factors
for any of the accidents did not involve solicitation. However, the fact that soliciting on
medians was not listed as a primary cause should not be viewed as a determination that the
CMR:201:99 Page 2 of 5
distraction caused by solicitors at a median or driveway, entrance was n~t a contributing
factor. For example, generally speaking, if a car slowed or stopped in a traffic lane as a
result of solicitation on an adjacent median and was rear-ended, the primary cause of the
collision would be recorded as unsafe speed or inattention. Unless details about a solicitor
is provided to the officer by the involved parties of an accident at the time the accident report
is made, there is currently no method to collect that information.
Anecdotal Information
Staff also conducted informal interviews with business people located near sites where
soliciting from medians or at driveways commonly occurs. Specifically, seven businesses
located near the entrance to Town and Country and six retailers near the entrance to Stanford
Shopping Center were contacted. Merchants at Stanford Shopping Centerindicated that they
have received Complaints from their customers about people soliciting at the entrance and
on medians, but because the solicitors have been there for so long, they are basically ignored.
They reported that it becomes hazardous when motorists, throw money out the windows of
their cars as they drive off.
Those people interviewed at Town and Country Shopping Center, however~ reported that
solicitors would Often block drivers’ view of oncoming traffic, making left-hand turns onto
southbound E1 Camino Real hazardous. Several employees reported thatthey have almost
¯ hit solicitors at night. -Others report feeling- intimidated by occasional verbally aggressive
¯ solicitors. Soliciting activities usually occur during commute hours when traffic is the
heaviest.
Officers videotaped solicitors at the two locations and at the intersection of E1 Camino Real
and Palo Alto Avenue. During the 40-minute video, no behavior on the part of the solicitor
that would constitute a traffic hazard was observed and only two incidents of the Solicitors
receiving any contributions were recorded.
It should also be noted that occasionally, staffrec~ives phone calls or letters from members
of the public complaining about "near miss" situations involving solicitors on medians, but
this information has not been tracked. As a result, actual numbers of complaints are not
available.
Experience of Other Cities
Several cities, including Santa Clara, Mountain View, Sunnyvale, Anaheim, San Jose and
Malibu have adopted ordinances prohibiting solicitation on medians, streets, sidewalks and
entrances to driveways. At least four of the cities adopted their ordinances in efforts to deal
CMR::~01:99 Page 3 of 5
with traffic hazards presented by day laborers s, oliciting jobs. Another city was concerned
about the hazards presented by newspaper and hot dog veridors.
The definition of solicitation for most cities with ordinances includes any request, offer or
enticement which announces availability for employment, sales of goods, requests for food
or oflaer items of value, or to seek contributions of money.
Some cities have patterned their legislative responses to this issue after the City of Agoura
Hills. Agoura Hills’ ordinance has been challenged and upheld in the Appellate Court. A
rehearing to contest this Appellate Court ruling was later sought and denied at the Supreme
Court level.
Attachment A provides detailed infomaation about other cities~ Ordinances. Some cities
prohibit occupants of motor vehicles from soliciting from pedestrians on streets, driveways
and medians. In some cases, (Anaheim and Santa Clara) the behavior of the solicitor or
seller of goods must be aggressive before enforcement can be taken. Based upon their
ordinances, passive soliciting (e.g., someone only standing with a sign) would not be
considered a violation. Some c.ities (Sunnyvale and-Mountain View) have included
prohibitions against loitering or lingering on medians as part of their legislation.
Five of the cities have included prohibitions against soliciting frommotorists in commercial
.parking lots. These provisionswere added in attempts to prevent solicitors and sellers of
goods from moving off the public right of ways and into private commercial parking lots.
It is interesting to note, that none of the cities who were contacted regarding similar
ordinances had any specific incidents that prompted the legislation, but initiated legislation
based upon complaints from citizens.
Based upon this information, it is clear that ordinances of this naturepreclude any person
.from soliciting, selling items, distributing literature, etc., from medians, streets, driveways,
and other public right of ways if they pose a traffic hazard regardless, of whether the action
is panhandling, requesting donations for nonprofit organizations, or selling.gdods such as
flowers, cookies, or other items.
The attached draft ordinance, which staff recommends, is similar to the Agoura Hills
6rdinance with resjgect to the specific traffic safety issues associated with soliciting from
medians, driveway entrances, streets, sidewalks, and other public fight, of ways. It does not
address the separate issues of"aggressive panhandling" or "soliciting in a parking structure
or commercial parking lot," which several cities have addressed in their ordinances.
CMR:201:99 Page 4 of 5
POLICY IMPLICATIONS
The proposed ordinance is consistent with a previously adopted provision in the Municipal
Code (9.44.010) prohibitin~solicitation from any pedestrian or occup~ofa vehicle located
in public parking lots.
, RESOURCE IMPACT
Enforcement of the proposed ordinance would be handled by existing Police Department
staff and no additional resources would be needed.
ENVIRONMENTAL REVIEW --
This is not a project under the Califomia Environmental Quality Act.
ATTACHMENTS:
¯ Attachment A: Matrix of Other Cities’ Ordinances
Draft Ordinance
PREPARED BY: Patrick Dwyer, Chief of Police
DEPARTMENT HEAD APPROVAL:
’of Police
CITY MANAGER APPROVAL:
CMR:201:99 Page 5 of 5
ORDINANCE NO.
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 AND IN AND ADJACENT TO
DRIVEWAY ENTRANCES
follows:
The Council of the City of Palo Alto does ORDAIN as
SECTION I. The Council hereby finds as follows:
(a) The activity of soliciting employment, business or
contributions from occupants of vehicles distracts drivers from
their primary duty to watch traffic and be alert for possible
traffic or pedestrian hazards, to observe all traffic control
signals, signs, or warnings, and to avoid, unnecessary obstruction
or congestion of traffic.
(b) Distracted drivers are more prone to automobile
accidents and pose a substantial traffic safety hazard potential.
(c) The Council’s study and consideration of the hazards
presented by solicitation of employment, business or contributions
from occupants of vehicles in streets and in and adjacent to
driveway approaches to streets confirms that there are ample
alternative locations and means for ~ommunication by those persons
who wish to solicit for these purposes, upon both public and
private property throughout the city, and that the restrictions
adopted by this ordinance provide a fair balance of the public
interest in traffic safety and private interests in solicitation.
~. Chapter 9.45 is hereby added to Title 9 (Public
Peace, Morals, and Safety) of the Palo Alto Municipal Code to read
as follows:
CHAPTER 9.45
SOLICITATION IN STREETS AND IN AND ADJACENT TO DRIVEWAY ENTRANCES
9.45.010 Definitions.
(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) ~Business" shall mean and include any type of
product, performance, or activity which is provided or performed,
990408 syn 0043675
1
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, written 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 inthe public right of way.
(f) ~Drivew~y approach" means any portion of the public
sidewalk which is utilized for vehicular access from private
property to any public street, highway, expressway or alley.
9.45.020 Solicitation in streets prohibited.
(a) It shall be unlawful for any person, while that person
is located on a street, to solicit employment, business, or
contributions from occupants of other vehicles on that street.
(b) It shall be unlawful for any person, while occupying
any vehicle on a street, to solicit employment, business, or.
contributions from pedestrians or from occupants of other vehicles
on that street.
9.45.030 Solicitation in
prohibited.
driveway approaches
(a) It shall be unlawful for 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) to solicit employment, business, or
contributions from occupants of vehicles transiting 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 within any driveway approach to solicit employment, business,
or contributions from pedestrians transiting or occupying that
driveway approach.
~C2_~_Q~_~. If any section, subsection, sentence, clause,
phrase, or word of this ordinance is for any reason held by a court
of competent jurisdiction to be unconstitutional or invalid for any
reason, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council hereby
declares that it would have passed this ordinance and each section,
subsection, sentence, clause, phrase, and word thereof,
990408 s~n 0043675
irrespective of whether any one or.more section(s), subsection(s),
sentences(s), clause(s), phrase(s), .or word(s) is invalid or
invalidated.
$_~QT_IQ~[_~. 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.
.SECTION 5.. This ordinance shall be effective on the
thirty-first day after the date of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
.ATTEST:APPROVED :
City Clerk
APPROVED AS TO FORM:
Senior Asst. City Attorney
Mayor
City Manager
Police Chief
990408 syn 0043675
PALO ALTO POLICE DEPARTMENT
’,~
,,nib~ Memorandum
December 30, 1999
TO:Chief Dwyer
FROM:Sergeant Keith and Officer Powers
SUBJECT: -Solicitors
There are several locationswithiri ~he city where people soliciting from vehicles create hazardous
situations for motorists. Most of the soliciting takes place at either the entrance/exit of shopping
centers, on sidewalks or center medians. Below is a list of these locations in order of severity.
1.El Camino Real/Stanford Shopping Center Main Entrance
This is the worst location. One person will stand in the center divide and solicit for money
while people are leaving the shopping center, turning left onto N/B E1 Camino. Many people
will stop and give money to this person. The light turns green, but traffic backs up behind
the cars that stop to give money. Motorists get upset, start honking, etc. The solicitors set
up here usually at about 1000 hours and stay until the shopping center closes, every day.
There is a group of about six homeless people that fight for this particular spot. I believe this
island belongs to Stanford Shopping Center, however, it is only a few feet away from a
Caltrans ins.tailed traffic signal, so this may well be a Caltrans property.
2.Town and Country Shopping Center/Embarcadero Side
We receive many complaints from patrons of "Pete’s Coffee." Main problem here is that the
solicitor stands on a small island at the entrance/exit and obstructs the view of drivers trying
to turn left onto Embarcadero. This island is flush with the sidewalk and appears to be city
property.
This location is particularly hazardous anyway and soliciting here creates an increased danger
for pedestrians and drivers.
3.El Camino Real at Stanford Shopping Center East Entrance
People work this whole stretch in from of the ballpark entrance. They often walk into traffic
and walk in between cars. They slow-traffic down when the light turns green for westbound
traffic. People become frustrated and begin honking. There is a group of about six solicitors
who rotate at this location.
4.E! Camino onto Palo Alto Avenue (southbound to eastbound)
Solicitors stand on center island (left turn pocket). Drivers slow down to hand money to
them. Cars behind them miss the light and get upset.
5.Southbound El Camino Real to University/Palm Offramp
Often two people will work this location. They work both traffic lanes. They usually step
into the street, creating a back up.
6. -- Town and Country Shopping Center (El Camino side at Stickneys)
This location is probably Town and Country property. This, again, is a visibility problem for
cars turning onto E1 Camino.
7.California Avenue at the Bank of the West (400 block)
Solicitor stands/sits on the sidewalk. Bank of the West has complained in the past. Again,
a visibility problem for people turning onto California Avenue.
8.Page Mill and El Camino (westbound center island)
Same woman works this intersection sporadically. She stands on the center island (left tum
pocket). People slow down to give her money. Other drivers get upset because they miss the
light. We get complaints almost every time she is there.
9.Arboretum Between Sand Hill and Quarry
Again, fairly sporadic here also. Solicitors walk up and down the islands.
ORDINANCE NO.
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 Alto does ORDAIN as
follows:
SECTION I. ~T~e Council hereby finds as follows:
........... ~ ~ e oliciting em oyment, business or
contributions from occupants of vehicles distracts drivers from
their primary dut~ies to (i_~. watch traffic .and be alert for
possible traffic or pedestrian hazards, (ii) to observe all traffic
control signals, signs, or warnings, and (iii) to avoid-unnecessary
obstruction or congestion of traffic.
(b) Distracted drivers are more prone to~ automobile
accidents and pose a substantial traffic safety hazard potential.
(c) The Council’s study and consideration of the hazards
presented by solicitation of employment, business or contributions
solicitation from vehicle occupants of vehicles in streets and in
and adjacent to driveway approaches to streets, as well as in
commercial parkinq areas, confirms that there are ample alternative
locations and means for communication by those persons who wish to
solicit for these purposes, upon both public and private property
throughout the city, and that the restrictions adopted by this
ordinance provide a fair balance of the public interest in traffic
safety and private interests in solicitation.
(d) Drivers who solicit or accept offers of employment,
business or contributions from pedestrians pose a substantial
traffic hazard because, in order to solicit or accept offers, the
driver must slow or stop a vehicle in traffic. This creates a
potential obstacle to other drivers and exposes the pedestrian to
a qreater potential of beinq struck by a passinq 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:
CHAPTER 9.45
SOLICITATION. IN STREETS, COMMERCIAL PARKING AREAS,AND IN AND
ADJACENT TO DRIVEWAY ENTRANCES
9.45.010 Definitions.
000112 syn 0043837
(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
~ransaction is comp2eted, or a contribution of money or other
property takes place as a result of a solicitation.
(b) "Business" 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, written 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 (includinq planter strips
between the curb and the sidewalk) within ~-~ the public right of
way.
(f) "Driveway approach" means any portion of the public
sidewalk which is utilized for vehicular access from private
property to any public street, highway, expressway or alley.
9.45.020 Solicitation in designated streets prohibited.
(a) It shall be unlawful for any person, while that person
is located on a street location desiqnated by resolution of the
city council, to solicit employment, business, or contributions
from occupants of e4Jee~ vehicles on that street location.
(b)It shall be unlawful for any person, while occupying
any vehicle on a street ibcation 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.
Violations of this section shall not be punishable
unless siqns are posted which provide notice of the
prohibitions contained in this section.
000112 syn 0043837
2
9.45~030 SoliCitation in designated driveway approaches
(a) It shall b~R~nlawful for 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) in a location hercaftcr designated by
resolution of the city 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 within any driveway approach in a location~~~ ....;~--~
designated by resolution of the City Council to solicit employment,
tr .........~ orbusiness, or contributions from pedestrians crossing ~~
occupying that driveway approach.
(c) Violations of this section shall not be punishable
unless signs are posted which provide notice of the prohibitions
contained in this section.
9.45.040 Solicitation in commercial parkin~ 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
authorized by the property owner or the property owner’s-authorized
representative for such solicitations.
(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
000112 syn 0043837
3
conspicuous place at each entrance to such commercial parkinq area
not less than~4~~ ....... by ~ ....... ..... ~"~ .... ~ .... fourteen-by twenty inches in
size with letterinq not less than one inch in heiqht and not to
exceed in total area six feet. The notice shall be in
sub~tantially the followinq form: "It is a misdemeanor to engage
in the solicitation of employment, business or contributions of
money or other property in areas of this commercial parkinq lot
which are not approved for such activity by the property owner."
9~4r~)409.45.050 Violations punishable as infractions.
Violations of this chapter shall be punishable as
infractions.
portions of .........v~.,.~.,_-~-,..,,.,.City Council here
....... d or
SECTION 4 ~. This ordinance does not constitute a project
having potenti’al effects upon the environment and therefore does
not require environmental review under the California Environmental
Quality Act.
SECTION @ 4. This ordinance shall be effective on the
thirty-first day after the date of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST:APPROVED:
City Clerk
APPROVED AS TO FORM:
Mayor
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Senior Asst. City Attorney
,City Manager
Police Chief
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RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO
DESIGNATING STREET AND DRIVEWAY ENTRANCE LOCATIONS
WHERE SOLICITATION OF EMPLOYMENT, BUSINESS OR
CONTRIBUTION IS PROHIBITED
The Council of the City of Palo Alto does .~RESOLVE as
follows:
SECTION i. The Council hereby finds as follows:
(a) Soliciting employment, business or contributions
from occupants of vehicles distracts drivers from their primary
duties to (i) watch traffic and be alert for possible traffic or
pedestrian hazards, (ii) to observe all traffic control signals,
signs, or warnings, and (iii) to avoid unnecessary obstruction or
congestion of traffic.
(b) Distracted drivers are more prone to automobile
accidents and pose a substantial traffic safety hazard potential.
(c) The Council’s study and consideration of the hazards
presented by employment, business or contributions solicitation
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 wish to solicit for these
purposes, upon both public and private property throughout the
city, and that the restrictions adopted by this ordinance provide
a fair balance of the public interest in traffic safety and private
interests in solicitation.
(d) Drivers who solicit or accept offers of employment,
business or contributions from pedestrians pose a substantial
traffic hazard because, in order to solicit or accept offers, the
driver must slow or stop a vehicle in traffic. This creates a
potential obstacle to other drivers and exposes the pedestrian to
a greater potential of being struck by a passing car.
(e) The Chief of Police has analyzed and recommends
certain street and driveway locations where the traffic safety
hazards from solicitation are most acute, and the Council intends
to designate those locations pursuant to Chapter 9.45 of Title 9 of
the Palo Alto Municipal Code.
SECTION 2. Pursuant to Chapter 9.45 of Title 9 of the
Palo Alto Municipal Code, the following street and driveway
locations are designated as sites where solicitation of employment,
business or contributions are prohibited:
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(a) All intersections on E1 Camino Real which are
controlled by traffic signals;
(b)All medians on E1 Camino Real;
(c)Arboretum Avenue between San Hill Road and
Quarry Road;
(d)All driveway entrances toTown and Country
Shopping Center.
SECTION 3. This resolution does not constitute a project
having potential effects upon the environment and therefore does
not require environmental review under the California Environmental
Quality Act.
SECTION 4. This resolution shall be effective on the
thirty-first day after the date of adopt’ion of Chapter 9.45 of
Title 9 of the Palo Alto Municipal Code.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST:APPROVED:
City Clerk
APPROVED AS TO FORM:
Senior Asst. City Attorney
Mayor
City Manager
Police Chief
00112 syn 0043970