Ordinance Number 735007
ORDINANCE NO. 735
AMENDING TITLE 5 OF THE MUNICIPAL CODE - ADDING CHAPTER 25.
SOLICITATION OF EMPLOYMENT CONTRIBUTIONS OR BUSIIVESS
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ADDING CHAPTER 5, "SOLICITATION PROHIBITED IN CERTAIN
DESIGNATED AREAS", TO TITLE 5 OF THE SAN JUAN CAPISTRANO
MUNICIPAL CODE
WHEREAS, the City finds that solicitation of employment, contributions or business in parking
lots and private shopping areas is detrimental to public health, safety and welfare; and,
WHEREAS, such activities subject patrons and employees of local businesses to crime,
intimidation, harassment, threats, and other anti -social behavior; and,
WHEREAS, such activities increase the peril of fraud, deception and theft by unlicensed and
unregulated persons and enterprises; and,
WHEREAS, such activities jeopardize the economic survival of established businesses by
discouraging customers from entering onto private property to patronize such businesses; and,
WHEREAS, such activities create traffic hazards and distractions, and imperil safe circulation
in areas designated for driving and parking only; and,
WHEREAS, private businesses should be able to attract and invite customers onto their
premises without trespass by persons engaged in activities detrimental to the use of private property; and,
WHEREAS, it is the right of property owners to petition local government for protection of
private property from incompatible activities by trespassing individuals; and,
WHEREAS, there are ample public areas for the free exercise of commercial speech in a safe
and appropriate manner and at reasonable times, other than on private commercial property during business
hours.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1.
Title 5, Chapter 5, "Solicitation Prohibited in Certain Designated Areas", is hereby added to
the San Juan Capistrano Municipal Code to read as follows:
TITLE 5, CHAPTER 5
SOLICITATION PROHIBITED IN CERTAIN DESIGNATED AREAS
Sections:
5-25.01 Definitions.
5-25.02 General prohibition.
5-25.03 Designation of public property as no solicitation area.
-1-
Dos
5-25.04
Designation of private property as no solicitation area.
5-25.05
Findings required for designation as "No Soliciting."
5-25.06
Posting of signs required, content.
5-25.07
Fees set by resolution.
5-25.08
Penalties.
5-25.09
Solicitation of employment, business or contributions from public streets
prohibited.
Sec. 5-25.01. Definitions. For the purposes of this chapter, the following words shall have
the meanings ascribed below:
(a) "Business district" shall be defined as designated in Section 235 of the California State
Vehicle Code.
(b) "Private property' shall mean any property held by private interests which is used
primarily for business, commercial or recreational purposes.
(c) "Public property" shall mean any property owned or maintained by the City of San
Juan Capistrano.
(d) "Solicit" or "hire" shall mean any request, offer, enticement, or other action or gesture
which induces another person to reasonably believe that his or her services are being
sought or available for hire.
(e) "Employment" shall include any offer or exchange of consideration for labor or other
personal services, including part-time or temporary services.
(f) "Street" or "highway" shall mean all of the area dedicated to public use for public street
purposes and shall include, but not be limited to, roadways, parkways, medians, alleys,
curbs and public ways.
Sec. 5-25.02. General prohibition. It shall be unlawful and subject to punishment in
accordance with Section 5-25.07 of this chapter, for any person to offer or solicit employment, business or
contributions in or on any public or private property when the same has been designated by resolution of the
City Council and posted as a "No soliciting" area.
Sec. 5-25.03. Designation of public property as a "No Soliciting area. The City Council may,
upon review and recommendation by the City Engineer, designate any public roadway or other public property
as a "No Soliciting" area. The City Council shall designate such area by resolution and order the posting of
appropriate signage in accordance with Section 5-25.05 of this chapter.
Sec. 5-25.04 Designation of private property as a "No Soliciting_ area. The City Council
may, by resolution, designate any private property within a business district, or which is primarily used for
commercial or recreational purposes, as a "No Soliciting" area. The City Council may so designate this private
property subject to the following:
(a) If the property is owner -occupied property, the property owner shall submit a wrnten
petition of application requesting a designation of a "No Soliciting" area;
(b) If the property is occupied by tenants of the owner, either:
-2-
.t•
(i) The property owner shall submit a written petition of application requesting
designation of a "No Soliciting" area; or
(ii) The tenants shall submit a written petition of application by a majority of the
tenants on the property supporting a designation of a "No Soliciting" area, and
the application shall also contain written consent of the property owner.
(c) The City Clerk shall cause notice of City Council consideration of this application to
be mailed to all tenants in the subject private property as well as to the owner at least
five (5) days prior to City Council consideration.
The City Council may approve or deny the request for designation of the "No
Soliciting" area.
Sec. 5-25.05. Findings required for designation as "No Soliciting area. Any decision by the
City Council to designate any public or private area as a "No Soliciting" area shall be based upon the following
findings:
(a) That the act of solicitation at the specified area and location is detrimental to the
public health, safety or welfare; and
(b) That there exists within reasonable proximity of the specified "No Soliciting" area
alternative locations where solicitation of employment, business or contributions is not
similarly restricted.
Sec. 5-25.06. Posting of signs rcouired. content. Prior to the enforcement of the prohibition
on solicitation, the area so designated shall be posted with signs which provide, in Spanish and English,
substantially as follows:
NO SOIJCITING
Solicitation of employment, business or contributions is
prohibited at this [describe] location by the San Juan
Capistrano Municipal Code, Section 5-25.02. Any violation
is punishable by a fine of $100.00 on a fust offense.
Such prohibition shall apply to the property or area so designated once posted in plain view at
all entrances to the property or area, and on signs which are not less than seventeen (17) inches by twenty-one
(21) inches high in size with lettering not less than one (1) inch in height.
Sec. 5-25.07. Fees set by resolution. The City Council may, by resolution, establish fees for
the receipt and processing of applications and petitions for "No Soliciting" areas. In addition, the City Council
may, by resolution, establish fees sufficient to cover the costs of developing, printing and posting the areas
designated pursuant to this chapter.
Sec. 5-25.08. Penalties. Any violation of this chapter is deemed an infraction, punishable
by a fine of One hundred Dollars ($100.00). A second violation of this chapter shall be punishable by a fine of
Two Hundred Dollars ($200.00), and a third and subsequent violation shall be deemed a misdemeanor
punishable in accordance with Title 1, Section 1-2.01 to 1-2.08 of the San Juan Capistrano Municipal Code.
-3-
010
Sec. 5-25.09. Solicitation of employment, business or contributions from public streets
r hibit
(a) It shall be unlawful for any person to stand on any designated and posted street or
highway and solicit, or attempt to solicit, employment, business or contributions from
an occupant of any motor vehicle.
(b) It shall be unlawful for any person to stop, park or stand a motor vehicle on any
designated and posted street or highway from which any occupant attempts to hire or
hires for employment another person or persons.
SECTION 2
If any section, subsection, sentence, clause, phrase, or portion of this ordinance, is for any reason
held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall
not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would
have adopted this ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion
thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses,
phrases or portions thereof be declared invalid or unconstitutional.
SECTION 3. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after its passage.
SECTION 4. City Clerk's Certification.
The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted
at the duly designated posting places within the City and published once within fifteen (15) days after passage
and adoption as required by law; or, in the alternative, the City Clerk may cause to be published a summary of
this Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk
five (5) days prior to the date of adoption of this Ordinance; and, within fifteen (15) days after adoption, the City
Clerk shall cause to be published the aforementioned summary and shall post a certified copy of this Ordinance,
together with the vote for and against the same, in the Office of the City Clerk.
ATTEST:
CITY CLERK
PASSED, APPROVED AND ADOPTED this 21st dayof September 11993.
__ NES, MAYOR
X-3
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISI'RANO )
Oil
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO
HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance No. 735 which was
introduced at a meeting of the City Council of the City of San Juan Capistrano, California, heldon
September 7 1993, and adopted at a meeting held on September 21 1993,
by the following vote:
AYES: Council Members Nash, Hausdorfer, Campbell, Vasquez
and Mayor Jones
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)d�
CHERYLJOH N, Y CLERK
-5-