HomeMy WebLinkAboutOrdinance #3382 I
ORDINANCE NO. 3382
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
ADDING CHAPTER 9.88 TO THE HUNTINGTON BEACH MUNICIPAL CODE
PERTAINING TO EMPLOYMENT SOLICITATION
The City Council of the City of Huntington Beach does ordain as follows:
SECTION 1. That Chapter 9.88 is hereby added to the Huntington Beach Municipal
Code, said Chapter to read as follows:
Chapter 9.88
Employment Solicitation
Section:
9.88.010 Purpose of Chapter
9.88.020 Definitions
9.88.030 Solicitation of and for employment on public street or highway prohibited.
9.88.040 Solicitation Prohibited in Nonresidential Parking Areas
9.88.050 Validity
9.88.060 Enforcement
9.88,010 Purpose of Chapter. The purpose of this chapter is to regulate the time, place
and manner of the solicitation of and for employment on streets and highways, public areas and
nonresidential parking.areas. These regulations are not intended to restrict the right of free
speech or alternative channels of communications, but to ensure the protection of the public
health, safety and general welfare.
9.88.020 Definitions:
(a) "Employment" shall mean any offer or exchange or consideration for labor, industry or
other personal services, including part-time or temporary services, for wages or other
compensation.
(b) "Nonresidential parking area" means all private property comprising the parking area
adjoining nonresidential premises, i.e., commercial strip malls and shopping centers,
including but not limited to driveways, setbacks and portions that are landscaped.
(c) "Solicit or hire" means any request, offer, announcement, enticement or other action or
gesture which induces another person to reasonably believe that his or her services are
being sought or are being made available for hire, whether or not an actual employment
relationship is created.
A solicitation as defined herein shall be deemed completed when made whether or not
an actual employment relationship is created.
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(d) "Street or highway" means all of the area dedicated to public use for public street
purposes and shall include, but not be limited to, roadways, parkways, medians, alleys,
sidewalks, curbs and other public rights-of-way.
(e) "Vehicle" meads a vehicle as defined in California Vehicle Code §670 as the same now
reads or may hereafter be amended.
9.88.030 Solicitation of and for employment on street or highway prohibited. It is unlawful
for any person to engage in the solicitation of employment and for employees on any street or
highway.
9.88.040 Solicitation Prohibited in Nonresidential Parking Areas,.
(a) It is unlawful for persons to solicit or offer employment within 25 feet of any parking lot or
driveway open to the public. This section shall not be construed so as to prohibit a
business establishment or property owner from soliciting or hiring employees at or on
his or her premises. For the purpose of this section, vehicles and other similar types of
mobile locations shall not be considered a business establishment or premises.
(b) This section shall not be operative unless the owner, the owner's agent or the person in
lawful possession of the nonresidential parking area has caused a notice to be posted in
a conspicuous place at each entrance to such nonresidential parking area not less than
eighteen by twenty-four inches in size with lettering not less than one inch in height and
not to exceed in total area six square feet. The content of such notice shall be in
substantially the following form, in both the English and Spanish languages:
It is a misdemeanor to solicit or offer employment at this location
unless the employment will be on these premises. (H.B.M.C.
§9.88.040)
9.88.050 Validity. 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 of the City of Huntington Beach hereby declares
that it would have adopted this ordinance and these sections, subsections, sentences, clauses,
phrases or portions thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses, phrases or portions are declared invalid or unconstitutional.
9.88.060 Enforcement Enforcement of this section may be accomplished by:
(a) the owner, the owner's agent, or the person in lawful possession of the business
premises, under the provisions of California Penal Code§847 (Arrest by Private
Person); or
(b) a peace officer of the Huntington Beach Police Department; or
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a code enforcement officer of the City of Huntington Beach; or
the filing of a criminal or civil complaint by the City Attorney.
SECTION 2. This ordinance shall take effect 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting held thereof on the 3rd day of Augu
st 71997.
ATTEST.
ajo'
APPROVED AS TO FORM:
City Clerk
REVIEWED AND AP ROVED City Attorney 1 7-
Ir. INIT D AND APP ED:
Administrator
P61ice Chief
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Ord. No. 3382
STATE OF CALIFORNIA }
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH }
1, CONNIE BROCKWAY,the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing ordinance was read to said City Council
at a regular meeting thereof held on the 20th day of Julys 1998, and was again read to
said City Council at a regular meeting thereof held on the 3rd day of August, 1998,
and was passed and adopted by the affirmative vote of at least a majority of all the
members of said City Council.
AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan
NOES: None
ABSENT: Garofalo
ABSTAIN: None _
1,Connie Brockway CITY CLERK of the City of
Huntington Beach and ex-officio Clerk of the City
Council,do hereby certify that a synopsis of this
ordinance has been published in the Independent on
�ccG,uS� /3 >19�
In accordance with the City Charter of said City City Clerk and ex-officio Yerk
-Connie Brockwa City Clerk of the City Council of the City
DeputyQyClerk of Huntington Beach, California
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