HomeMy WebLinkAboutOrdinance #3500 ORDINANCE NO. 500
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 9.88 OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO EMPLOYMENT SOLICITATION -
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 9.88.010 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
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, 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.
SECTION 2. Section 9.88.020 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
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.
Solicitation shall also include solicitation for contributions of money or gifts.
(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, and other public vehicular rights-of-way.
(c) "Vehicle" means a vehicle as defined in California Vehicle Code §670 as the same
now reads or may hereafter be amended.
SECTION 3. Section 9.88.030 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
01 ord/mc9-88/7/25/01 1
Ord. No. 3500
9.88.030 Solicitation of and for Employment on Street or Highway Prohibited.
(a) It shall be unlawful for any person, while standing in any portion of the streets or
highways, to solicit, or attempt to solicit, from any person traveling in a vehicle
along a public right-of-way, including, but not limited to public streets, highways
or driveways. _
(b) It shall be unlawful for any person, while the occupant of any vehicle, to solicit,
or attempt to solicit, from a person who is in the public streets or highways.
SECTION 4. Section 9.88.040 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
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.
(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 from persons
traveling in vehicles at this location. H.B.M.C. 9.88.040
SECTION.5. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a -J*,A tleA
regular meeting thereof held on the I3th day of August , 2001.
Mayor Pro Tem
ATTEST:
APPROV D AS TO Fr-
City Clerk 6$-15
rA
`J-OCity Attorney 6V
q,01
REVIEWED AND APPROVED: 14
INITIATED AND APPROVED:
City Adrraistrator
2�A City Attorney yqA
Ol ord/mc9-88/7/25/01 2
Ord. No. 3500
,STATE OF CALIFORNIA )
COUNTY OF ORANGE } ss:
CITY OF HUNTINGTON BEACH )
I, 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 r_ egular meeting thereof held on the 6th day of August, 2001, and was again read
to said City Council at a adjourned regular meeting thereof held on the 13th day of
August, 2001, and was passed and adopted by the affirmative vote of at least a majority
of all the members of said City Council.
AYES: Boardman, Cook, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: Green, Julien Houchen
ABSTAIN: None
I,Connie Brockway CITY CLERK of the City of
Huntington Beach and ex-oflicio Cleric of the City
Council,do hereby certify that a synopsis of this
ordinance has been published in the Independent on
2001
In accordance with the City Charter of said City City Clerk and ex-officio Clerk
Connie Brockway, City Clerk of the City Council of the City
clerk of Huntington Beach, California
g:/ordinanc/ordbkpg2001.doc