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Home My WebLink AboutOrdinance 3821 Amending Chapter 9.90 of the Huntington Beach 0 �J CITY OF HUNTINCTON BEACH Interdepartmental Communication TO: JOAN FLYNN, City Clerk FROM: JENNIFER MCGRATH, City Attorney DATE: 1/13/08 SUBJECT: Ordinance No. 3821 Correction for Clerical Error Attached please find a revised page 1 of the above ordinance as well as its accompanying legislative draft. This revision was prompted by clerical error in the ordinance. Please replace these pages with their existing counterparts currently in the City Clerk's office. you for your assistance. \ � Vv, J NNIFER MCC RATH, City Attorney /K Attachments as above 30004 ORDINANCE NO. 3821 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 9.90 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO DOOR-TO-DOOR SOLICITATION SIGNAGE The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Subsection 9.90.020(b) of the Huntington Beach Municipal Code is hereby amended to read as follows:' 9.90.020 Regulations applicable to all soliciting (a) No person shall engage in solicitation upon any private property after having been asked by the owner or occupant thereof to leave such property. (3623-12t03) (b) Unless invited by the legal occupants or owners of a private property, it shall be unlawful for any person to engage in solicitation upon any private premises or residence or business located thereon if such premises or residence is posted against solicitation by means of a notice, prominently displayed upon which is printed: SOLICITING AT THIS LOCATION IS A VIOLATION OF LAW OR WARNING SOLICITING AT THIS LOCATION IS A VIOLATION OF THE LAW AND IS PUNISHABLE AS A MISDEMEANOR. HUNTINGTON BEACH MUNICIPAL CODE CHAPTER 9.90 For purposes of the preceding sentence, a private property, either residence or business, shall be deemed to be posted against solicitation if there is exhibited, on or near the main entrance to the property or on or near the main door to any structure located thereon, above ground level, a sign conspicuously posted, which bears either of the above legends. (3623-12/03) SECTION 2. This ordinance shall become effective 30 days after its adoption. 28653 1 Huntington Beach Independent has been adjudged a newspaper of general circulation in Huntington Beach and Orange County by Decree of the Superior Court of Orange County,State of California,under date of Aug.24, 1994,case A50479. PROOF OF PUBLICATION - __,_..CITY OF _ HUNTINGTON BEACH LEGAL NOTICE ORDINANCE NO.3821 STATE OF CALIFORNIA ) j CiV Council on Adopted City JANUARY S,2009 SSA "AN ORDINANCE OF THE T 7 CITY OF HUNTINGTON COUNTY OF ORANGE BEACH AMENDING CHAPTER 9.90 OF THE 4HUNTINGTON BEACH MUNICIPAL CODE RE- LATING TO DOOR-TO- am the Citizen of the United States and a DOOR SOLICITATION SIGNAGE" resident of the County aforesaid; I am over.. :SYNOPSIS: CITY COUNCIL RE- the age of eighteen years; and not a party QUESTED A CHANGE TO CHAPTER 9.90 TO EN- to or Interested in the below entitled matter. HANCE THE PROHIBl- ITION.OF DOOR-TO-DOOR I am a principal clerk of the HUNTINGTON SOLICITATION. CITIZENS ITH BEACH INDEPENDENT, a newspaper of 'SAFETY CO CE NVIT E- general circulation, printed and published in PERSONS WHO COME (ONTO THEIR PROPERTY the City of Huntington Beach, County of TO LEAVE FLYERS AND DEBRIS AND/OR AT- Orange, State of California, and the TEMPT TO ENGAGE THEM FOR THE PUR- attached Notice is a true and complete copy 'POSE OF SALES. DIS- PLAYING A SIGN WHICH as was printed and published on the INDICATES THAT ANY PERSON WHO VIOLATES following date(s): THE NO SOLICITATION PROHIBITION MAY. BE (GUILTY OF A MISDE- MEANOR WILL DISCOUW AGE UNWANTED SOLICI- TATION- AND PROVIDE J I SECURITY FOR CITIZENS OF HUNTINGTON BEACH. 'PASSED AND ADOPTED by,the City Council of the City of Huntington January 15, 2009 Beach at a regular meeting held January 5, ' 2009 by the following roll call vote: AYES:. Carchio, Green, t Bohr,''Coerper, Hardy, Hansen . NOES:Dwyer "ABSTAIN:None ABSENT:None THE FULL TEXT OF THE ORDINANCE IS AVAIL- ( declare, under penalty of perjury, that the CLERK'S OFFCEE CITY foregoing is true and correct. This ordinance is effec- five, 30 days after adoption. CITY OF HUNTINGTON BEACH 2000 MAIN STREET. Executed on January 15, 2009 HU 1 CA9 6 BEACH, j CA 2648 5227, at Costa Mesa, California JOAN L.FLYNN, JOAN L.FLYNN, � CITY CLERK Published Huntington iBeach Independent Jan- f ruary 15'2009" 013-268 .- Signature . 0- �t. - C11PIJ111- � o vc-� i�z lv enaJ Council/Agency Meeting Held: /Z S � Deferred/Continued to: 8 �IIAp oved ❑ Conditiono Approved ❑ Denied 'S, City erk's Oignatur' Council Meeting Date: 12/15/08 Department ID Number: CA 08-37 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members r� SUBMITTED BY: Jennifer McGrath, i Attorney PREPARED BY: Jennifer McGrath,;CI y Attorney SUBJECT: Adoption of Ordinance Modifying Chapter 9.90 Door-to-Door Solicitation Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: City Council has requested modification to Huntington Beach Municipal Code Chapter 9.90 regulating Door-to-Door Solicitation. Funding Source: No funds are required. Recommended Action: Motion to: Adopt Ordinance No. 3821 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 9.90 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO DOOR-TO-DOOR SOLICITATION Alternative Action(s): Do not adopt Ordinance No. 3821 Analysis: City Council has requested a change to Chapter 9.90 to enhance the prohibition of door-to-door solicitation. Citizens have expressed their safety concerns regarding uninvited persons who come onto their property to leave flyers and debris and/or attempt to engage them for the purpose of sales. Displaying a sign which indicates that any person who violates the no solicitation prohibition may be guilty of a misdemeanor will discourage unwanted solicitation and provide security for citizens of Huntington Beach. The ordinance has been prepared to permit the alternative signage rather than replace the existing signage requirement as there are currently citizens in the community that have the existing sign posted. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 12/15/08 DEPARTMENT ID NUMBER: Strategic Plan Goal: Create an environment that promotes tourism to increase revenues to support community services and transform the city's economy into a destination economy. Environmental Status: N/A Attachment(s): a ® - o 1. Ordinance Amending Huntington Beach Municipal Code Chapter 9.90 Relating to Door-to-Door Solicitation 2. Legislative Draft of Chapter 9.90 -2- 11/20/2008 3:24 PM ATTACHMENT NO . 1 ORDINANCE NO. 3821 AN ORDINANCE OF THE CITY OF HUNTINGTON`BEACH AMENDING CHAPTER 9.90 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO DOOR-TO-DOOR SOLICITATION SIGNAGE The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Subsection 990.020(b) of the Huntington Beach Municipal Code is hereby amended to read as follows: 9.90.020 Regulations applicable to all soliciting (a) No person shall engage in solicitation upon any private property after having been asked by the owner or occupant thereof to leave such property. (3623-12/03) (b) Unless invited by the legal occupants or owners of a private property, it shall be unlawful for any person to engage in solicitation upon any private premises or residence or business located thereon if such premises or residence is posted against solicitation by means of a notice, prominently displayed upon which is printed: SOLICITING AT THIS LOCATION IS A VIOLATION OF LAW OR WARNING SOLICITING AT THIS LOCATION IS A VIOLATION OF THE LAW AND IS PUNISHABLE AS A MISDEMEANOR. HUNTINGTON BEACH MUNICIPAL CODE CHAPTER 12.32 For purposes of the preceding sentence, a private property, either residence or business, shall be deemed to be posted against solicitation if there is exhibited, on or near the main entrance to the property or on or near the main door to any structure located thereon, above ground level, a sign conspicuously posted, which bears either of the above legends. (3623-12/03) SECTION 2. This ordinance shall become effective 30 days after its adoption. 28653 1 Ordinance No. 3821 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 5th day of January , 200 9 . ATTEST: 01 City Clerk v Mayor INITIATED AND APPROVED AS TO REVIEWE APPROVED: FORM: City d i istrator City Attorney 28653 2 Ord. No. 3821 STATE OF CALIFORNIA ) COUNTY OF ®RANGE ) ss: CITE' OF HUNTINGTON BEACH ) 1, 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 December 15, 2008, and was again read to said City Council at a regular meeting thereof held on January 5,2009, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AWES: Carchio, Green, Bohr, Coerper, Hardy, Hansen NOES: Dwyer ABSENT: None ABSTAIN: None 1,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 January 15,2009. In accordance with the City Charter of said City -' Joan L. Flynn,_Qty Clerk Uty Clerk and ex-offici4TIerk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California ATTACHMENT NO . 2 INSERTIONS: Double underline DELETIONS Stfi ORDINANCE NO. 3821 LEGISLATIVE DRAFT Chapter 9.90 DOOR-TO-DOOR SOLICITATION (Repealed Chapter 9.64(Registration of Canvassers)—746-2/60, 851-8/61, 1023-1/64,2266-3/78) (Chapter 9.90-3623-12/03) Sections 9.90.010 Definitions 9.90.020 Regulations applicable to all soliciting 9.90.030 Provisions nonexclusive 9.90.010 Definitions (a) "Soliciting" shall mean, for the purposes of this ordinance, offering a good or service, seeking contributions of any kind, for whatever purpose or cause, or soliciting support for or opposition to any person, cause, organization,philosophy or venture. This shall include, but not be limited to, commercial solicitors and peddlers as defined in Chapter 5.04 of this Code. This definition includes persons approaching a residence to solicit or disseminate information of any kind. (3623-12/03) (b) "Private property" shall mean a privately owned building, either a residence or commercial enterprise. (3623-12/03) 9.90.020 RegMations applicable to all soliciting (a) No person shall engage in solicitation upon any private property after having been asked by the owner or occupant thereof to leave such property. (3623-12/03) (b) Unless invited by the legal occupants or owners of a private property, it shall be unlawful for any person to engage in solicitation upon any private premises or residence or business located thereon if such premises or residence is posted against solicitation by means of a notice,prominently displayed upon which is printed: SOLICITING AT THIS LOCATION IS A VIOLATION OF LAW OR WARNING SOLICITING AT THIS LOCATION IS A VIOLATION OF THE LAW AND IS PUNISHABLE AS A MISDEMEANOR. HUNTINGTON BEACH MUNICIPAL CODE CHAPTER 12.32 For purposes of the preceding sentence, a private property, either residence or business, shall be deemed to be posted against solicitation if there is exhibited, on or near the main entrance to the property or on or near the main door to any structure located thereon, above ground level, a sign conspicuously posted, which bears either of the above legends. (3623-12/03) 08-1912/28505 1 INSERTIONS: Double underline DELETIONS (c) No person who engages in solicitation shall use any plan, scheme or ruse or make any statement which indicates or implies that the purpose of such person's solicitation is other than to obtain orders for or to make sales of goods or services. (3623-12/03) (d) No person who engages in solicitation shall misrepresent the right of a buyer to rescind or cancel a sale under the provisions of applicable law. (3623-12/03) (e) It shall be unlawful for any person to engage in solicitation at any time of day if such. time of day is clearly posted on the no soliciting sign posted pursuant to this Ordinance. (3623-12/03) (f) No solicitor shall solicit by shouting or by using any sound device in connection with soliciting, including bells or amplifying systems. (3623-12/03) (g) No solicitor shall step onto or over the threshold of a doorway of a residence, unless invited to do so by the occupant or place hands, legs or any portion of the solicitor's body in the doorway so that it reasonably appears that the door may not be closed, unless allowed to do so by the occupant. (3623-12/03) (h) It shall be unlawful to make false statements or misrepresentations about the purpose of the solicitation. (3623-12/03) 9.90.030 Provisions nonexclusive. Nothing in this chapter shall be construed as to replace or eliminate any of the provisions or requirements of Title 5 of the Huntington Beach Municipal Code requiring business licenses. (3623-12103) 08-1912/28505 2 RCA ROUTING SHEET INITIATING DEPARTMENT: City Council SUBJECT: Adopting Ordinance No. Relating to Door-to- Door Solicitation COUNCIL MEETING DATE: , 12/15/08 CA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached Not Applicable ❑ Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable ❑ Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorney) Not Applicable ❑ Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable ❑ Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable ❑ Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Appiicable ❑ Bonds (If applicable) Attached ❑ Not Applicable ❑ Staff Report (If applicable) Attached ❑ Not Appiicable ❑ Commission, Board or Committee Report (If applicable) Attached ❑ Not Appiicable ❑ Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable ❑ EXPLANATION FOR'MISSING ATTACHMENTS W "REVIEWED RETURNED FOR RDED; Administrative Staff ( ) ) Deputy City Administrator (initial) ) ) City Administrator (initial) ) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM. fflo RCA Author: JM/KC 28581