Ordinance No. 977410
ORDINANCE NO. 977
ON ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CYPRESS, CALIFORNIA, ESTABLISHING ARTICLE VIII OF
CHAPTER 24 OF THE CYPRESS MUNICIPAL CODE TO BE
ENTITLED "REGULATION OF SOLICITATIONS OF AND
FOR EMPLOYMENT FROM A PUBLIC OR PRIVATE RIGHT -
OF -WAY"
WHEREAS, the City Council of the City of Cypress wishes to promote the City's
interest in protecting and preserving the safety of pedestrian and vehicular traffic in, about, or
upon public and private streets, parkways, roadways, alleys, sidewalks, and parking areas so as
to assure the free flowing of pedestrian and vehicular traffic and to minimize pedestrian -to-
pedestrian, vehicle -to- vehicle, and pedestrian -to- vehicle conflicts; and
WHEREAS, the City Council of the City of Cypress wishes to minimize the risk
or potential of vehicular congestion in or upon its streets, roadways, or alleyways so as to assure
the safety of vehicular movement to, from, in, or upon such; and
WHEREAS, the City Council of the City of Cypress wishes to adopt adequate
time, place, and manner regulations in connection with the solicitation for or of employment
and /or business from or by pedestrians or occupants of vehicles in or upon public rights -of -way
and in or upon public and private parking areas.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. There is hereby established a new Article VIII to be included in
Chapter 24 of the Cypress Municipal Code to be entitled as follows: "Regulation of Solicitations
of and for Employment From a Public or Private Right -of- Way ".
SECTION 2. Article VIII of Chapter 24 of the Cypress Municipal Code shall
provide, in its entirety, as follows:
"24.76. Legislative Purpose. The purpose of this chapter is to
reasonably regulate the time, place and manner of the solicitation
of employment and /or business from pedestrians and occupants of
vehicles on the public right -of -way and in public and private
parking areas. These regulations are content neutral and are not
intended and do not restrict the right of free speech or alternative
channels of communication, and are intended to ensure the
protection of the public health and safety.
24.77. Definitions. For the purpose of this chapter, the following
meanings shall apply:
A. "Alley" means any highway or street not exceeding twenty -
five feet in width which is primarily used for access to the rear or
side entrances of abutting property.
B. "Business" means and includes any type of product, goods,
service, 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" means the service, industry or labor
performed by a person for wages or other compensation or under
any contract of hire written or oral, express or implied.
D. "Occupant" means a person who occupies a vehicle.
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E. "Parkway" means that portion of a street or highway, other
than the roadway or the sidewalk. In general terms, the space
between the street and the sidewalk.
F. "Pedestrian" means any individual who is utilizing a public
street, sidewalk, roadway, alleyway or public or private parking
area while travelling without the benefit of any vehicle as defined
herein or travelling on a bicycle as defined by Section 10.60.010
of this code.
G. "Person" means any individual, company, corporation,
association, business or other legal entity.
H. "Private parking area" means privately owned property
which is designed or used primarily for the parking of vehicles and
which adjoins one or more commercial establishments or adjoins
any property in a non - residential zone, including but not limited to
driveways, setbacks and portions of that area that are landscaped.
I. "Roadway" means that portion of the street which is
improved, designed or ordinarily used for vehicular travel.
J. "Sidewalk" means that portion of the highway or street
other than the roadway, set apart by curbs, barriers, markings or
other delineation which is used principally for pedestrian travel.
K. "Solicitation for or of employment" means and includes the
following:
1. The act of soliciting, requesting or announcing by any
means, including, without limitation by act or gesture, request,
offer, enticement or any other action which announces the
availability for or of employment, the sale of goods, or request for
a contribution money or other property, or any request, offer,
enticement or action which seeks to purchase or secure goods or
employment, or to make a contribution of money or other
property.
2. A solicitation as defined herein shall be deemed
completed when made, whether or not an actual employment
relationship is created.
L. "Street" means a way or place of whatever nature, publicly
maintained and open to the use of the public for purpose of
vehicular travel. For the purposes of this chapter, street includes
highway and any parking area or lot owned or operated by city or
the Cypress Redevelopment Agency.
M. "Vehicle" means a vehicle as defined in California Vehicle
Code Section 670 as the same now reads or may hereafter be
amended.
24.78. Prohibition of Solicitation in Public right -of -Way.
A. It is unlawful for any person, while standing in any portion of
the public right -of -way, including, a street, roadway, sidewalk,
parkway, alley, highway, and driveway, to solicit or attempt to
solicit, employment, business or contributions of money or other
property from any person travelling in a vehicle along a public
right -of -way including but not limited to a street, roadway,
sidewalk, parkway, alley or driveway.
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412
B. It is unlawful for any person while the occupant of any
vehicle, to solicit, or attempt to solicit, employment, business or
contributions of money or other property from a person who is
within the public right -of -way, including any street, roadway,
sidewalk, parkway, alley or driveway.
24.79. Prohibition of Solicitation in Unauthorized Locations
Within Private Parking Areas.
A. No person shall solicit or attempt to solicit employment,
business or contributions of money or other property from a
location within a private parking area as defined in this chapter.
This section shall not apply to a solicitation to perform
employment or business for the owner or lawful tenants of the
subject premises.
B. This section shall only apply to private parking areas when the
following occurs:
1. The owner or person in lawful possession of the private
parking area establishes a written policy which provides
area(s) for the lawful solicitation of employment and /or
business, in locations which are accessible to the public and
do not interfere with normal business operations of the
commercial premises. Nothing herein shall require a
private property owner to permit solicitations at their
premises.
2. The owner or person in lawful possession of the private
parking area has caused a notice to be posted in a
conspicuous place at each entrance to such private parking
area not less than eighteen by fourteen inches in size with
lettering not less than one inch in height, but not to exceed
in total area six square feet. Said notice shall be in
substantially the following form: "IT IS A
MISDEMEANOR TO ENGAGE IN THE
SOLICITATION OF EMPLOYMENT, AND /OR
BUSINESS IN AREAS OF THIS PRIVATE PARKING
LOT."
24.80 Violation- Penalty. Any person or occupant of a vehicle
violating the provisions of this chapter shall be guilty of a
misdemeanor, punishable as set forth in Section 1 -7 of this code.
Any such person or occupant shall be deemed guilty of a separate
offense for each and every act of solicitation which is a violation
of this chapter."
SECTION 3. Should any section, subsection, clause, or provision of this
Ordinance for any reason be held to be invalid or unconstitutional, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of the remaining portions of
this Ordinance; it being hereby expressly declared that this Ordinance, and each section,
subsection, sentence, clause and phrase hereof would have been prepared, proposed, approved
and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses
or phrases be declared invalid or unconstitutional.
SECTION 4. The City Clerk shall certify to the passage and adoption of this
Ordinance and shall make a minute of the passage and adoption thereof in the records of and the
proceedings of the City Council at which the same is passed and adopted. This Ordinance shall
be in full force and effect thirty (30) days after its final passage and adoption, and within fifteen
(15) days after its final passage and adoption, the City Clerk shall cause the same to be posted
in the established three (3) public places within the City of Cypress.
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FIRST READ at a regular meeting of the City Council of the City of Cypress
held on the 11th day of May , 1998, and finally adopted and ordered posted at a
regular meeting held on the 26th day of May , 1998.
ATTEST:
CITY LERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
(Mayor Pro Tem)
MAYOR, CITY OF CYPRESS
I, LILLIAN HAINA, City Clerk of the City of Cypress, DO HEREBY CERTIFY
that the foregoing Ordinance was duly adopted at a regular meeting of the said City Council held
on the 26th day of May , 1998, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Bowman, Carroll, Keenan
NOES: 0 COUNCIL MEMBERS: None and Piercy
ABSENT: 1 COUNCIL MEMBERS: Jones
268/017943- 0001/3145801.1 a05113198
CITY LERK OF THE CITY OF CYPRESS
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