HomeMy WebLinkAboutEmployment Solicitation, Amend HBMC chapter 9.88, approve Or Council/Agency Meeting Held: /"/f"024,48
Deferred/Continued to:
XApproved ❑ Conditionally Approved ❑ Denied , _
7 —D dssishvnitity Clerk's Signature
Council Meeting Date: January 18, 2000 Department ID Number: 00-02
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
C.. C'i
SUBMITTED TO: ONORABLE MAYOR AND CITY COUNCIL MEMBERS �'-= i `A`'
SUBMITTED B : GAIL HUTTON, City Attorney > >-"'=.
RON LOWENBERG, Police Chief ^ N, c,
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PREPARED BY: GAIL HUTTON, City Attorney
SUBJECT: Adoption of Emergency Ordinance amending HBMC Chapter 9.88
pertaining to Employment Solicitation on. No_ yis 1
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: 1. Should the City amend its current ordinance, and adopt it as an
emergency ordinance, relating to solicitation on City streets and sidewalks so as to facilitate
enforcement and guarantee compliance with California case law, and to control immediate
hazards to pedestrian and vehicular traffic.
Funding Source: None
Recommended Action:
Motion to adopt Ordinance No. 3451 after reading by title, as an emergency ordinance for the
preservation of public safety.
Alternative Action(s): 1. Do not adopt ordinance No. 3451; or
2. Motion to adopt ordinance 3451 as a regular ordinance, deeming this the first reading of
said ordinance, amended by the deletion of the language which made it an emergency
ordinance.
6 II
REQUEST FOR COUNCIL ACTIuN
MEETING DATE: January 18, 2000 DEPARTMENT ID NUMBER: 00-02
Analysis: Since 1998 the City has had an ordinance which regulates the time and place
where people may solicit others for employment. Due to time delays in creating the City's
Job Center and the desire on the part of the Police Department to give laborers sufficient
notice prior to enforcement of the ordinance, citations and other enforcement actions have
only recently begun.
The onset of the relatively new enforcement program brought to light certain
problems with the ordinance as it is currently drafted. Notably, the word "sidewalks" was
included in our definitions of public rights-of-ways in which solicitation may be prohibited.
While the City may ban persons from soliciting to and from vehicles from the position on the
sidewalk, the City may not stop two individuals from contacting one another on a sidewalk to
discuss potential employment. Due to the inclusion of the word "sidewalks," our ordinance
might appear to do that which the California courts have declared to be an unconstitutional
interference with First Amendment rights. Moreover, since the Police Department is
concerned with the traffic and safety hazards associated with contacts with persons travelling
in vehicles, the ordinance in its current form has been insufficient to regulate that practice, as
it does not specifically address it. The proposed changes rectify these legal problems and
facilitate enforcement.
Finally, staff is recommending the inclusion of "solicitation for money" in the
definition of "solicitation" in the ordinance, because the problems associated with that
practice are identical to those associated with solicitation for work.
Due to serious ongoing safety hazards generated by vehicle addressed solicitation, including
but not limited to traffic accidents and injuries, the Police Department is requesting that this
amended ordinance be adopted as an emergency ordinance so as to go into effect
immediately.
Environmental Status: N/A
Attachment(s):
City Clerk's
Page Number No. Description
1. Emergency Ordinance No. 3951
2. Le•islative Draft of HBMC 9.88
RCA Author: S. Lazarus ext 5555
amend 9-88 -2- 01/05/00 3:41 PM
ATTACHMENT # 1
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EMERGENCY ORDINANCE NO. 3451
AN EMERGENCY 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, 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, curbs and other public rights-of-way.
(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 is unlawful for any person to engage in the solicitation of employment and for
employees on any street or highway. •
(b) It is unlawful for any person, while standing in any portion of the streets,
highways or on a public sidewalk,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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�rgency Ordinance No. 3451
(c) 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, highways,
sidewalks, or driveways.
SECTION 3. The City Council declares that this emergency ordinance is required for
the immediate preservation of the public peace, health, or safety. Therefore, pursuant to Section
501 of the City Charter, this ordinance shall become effective immediately upon its affirmance
by at least five of the members of the City Council.
SECTION 4. This ordinance shall take effect immediately upon its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 18th day of January , 2000.
CO5tA-42
Mayor
ATTEST: " L -
!!�i"' APPROVED S TO O .
City Clerk
_s City Attorney s,d�
REVIEWED AND APPROVED: 1
INIT D AND APP V D:
c
City Ainistrator
Police Chief
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Emergency Ord. No. 3451
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 regular meeting thereof held on the 18th day of January, 2000, and was passed
and adopted by at least four-fifths (4/5) affirmative vote of said City Council.
AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer
NOES: None
ABSENT: None
ABSTAIN: None
I,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 gottge102fir
published in the Independent on ��,19 •
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
Deputy City Clerk of Huntington Beach, California
G/ordinanc/ordbkpg
1/19/00
ATTACHMENT #2
Emergency Ordinance No.
LEGISLATIVE DRAFT
Chapter 9.88
EMPLOYMENT SOLICITATION
(3382-9/98)
Sections:
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. (3382-9/98)
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. (3382-9/98)
(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. (3382-
9/98)
(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. (3382-9/98)
A solicitation as defined herein shall be deemed completed when made whether or
not an actual employment relationship is created. (3382-9/98)
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,mil,curbs and other public rights-of-way. (3382/98)
(e) "Vehicle" means a vehicle as defined in California Vehicle Code §670 as the same
now reads or may hereafter be amended. (3382-9/98)
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9.88.030 Solicitation of and for Employment on Street or Highway Prohibited.
(a) It is unlawful for any person to engage in the solicitation of employment and for
employees on any street or highway. (3382-9/98)
(b) It shall be unlawful for any person, while standing in any portion
of the streets, highways or on a public sidewalk, 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.
(c) 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, highways, sidewalks, or driveways.
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. (3382-9/98)
(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: (3382-9/98)
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. (3382-9/98)
9.88.060 Enforcement. Enforcement of this section maybe 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 (3382-9/98)
(b) a peace officer of the Huntington Beach Police Department; or (3382-9/98)
(c) a code enforcement officer of the City of Huntington Beach; or (3382-9/98)
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(c) a code enforcement officer of the City of Huntington Beach; or (3382-9/98)
(d) the filing of a criminal or civil complaint by the City Attorney. (3382-9/98)
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