HomeMy WebLinkAboutOrdinance #3755 ORDINANCE NO. 3755
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 9.88.020 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, 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," for the purposes of this chapter only, means all of the area
dedicated to public use for public vehicular street purposes and shall include, but not
be limited to,roadways, medians, alleys, and other public vehicular rights-of-way,
but shall not include sidewalks, parkways, or curbs.
(e) "Vehicle" means a vehicle as defined in California Vehicle Code §670 as the same
now reads or may hereafter be amended.
SECTION 2. Section 9.88.030 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
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, as defined within this chapter only, to solicit, or attempt to solicit,from
any person travelling in a vehicle along a public right-of-way, including, but not
limited to public streets,highways or driveways.
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Ordinance No . 3755
(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,as
defined within this chapter only.
SECTION 3. ,Section 9.88.040 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
0.88.040 Solicitation Prohibited in Nonresidential Parking Areas.
(a) It is unlawful for persons to solicit or offer employment in any nonresidential
parking area.
(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 ii engage in the solicitation of and for
employment in this nonresidential parking area. (H.B.M.C.
9.88.040
SECTION 4. 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
regular meeting thereof held on the 2 0 t h day of November 2006
Mayor
ATTEST: APPROVED AS TO FORM:
1 r 1 7(Z�
City Clerk City Attorney �}.
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Administrator Police e
06-271/4088 2
Ord. No. 3755
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN,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 6th day of November,2006, and was again read to said City
Council at a regular meeting thereof held on the 20th day of November,2006, and was
passed and adopted by the affirmative vote of at least a majority of all the members of
said City Council.
AYES: Bohr, Green,Coerper, Sullivan,Hardy, Hansen, Cook
NOES: None
ABSENT: None
ABSTAIN: None
I,Joan L.Flynn,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 Huntington Beach Fountain Valley
Independent on November 30,2006.
In accordance with the City Charter of said City
Ifn Joan L. Flynn,City Clerk City&1lerk and ex-officio Cla
XqL&&,!=!=,DePuty city Clerk of the City Council of the City
of Huntington Beach, California