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Home My WebLink AboutORDINANCE NO. 3755 - AMEND CHAPTER 9.88 HBMC RELATING TO EM 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 (Ii1ft1E�11VT1NGTbN'.�.. STATE OF CALIFORNIA ) �nc� SS. � na1� COUNTY OF ORANGE ) ado ! "AN OWDtNANCE Of T11E CITY."OF.''HUNTINGTON am the Citizen of the United States and a CHOTE ,' AS OF HE CHAPTER �.8$ OF THE resident of the Count aforesaid; I am over HuNidipAL)iV BEACH y MUN1CI�kL. GODE '-RE- the age of eighteen ears, and not a art LATING•. Tt) EMPGGY- g g y party MEW 806 1TAT1,00.. to or interested in the below entitled matter. SYNOPSIS:; WITHIN THE,",LAST, am a principal clerk of the HUNTINGTON YEAR. .ENE`fINtTE°: p p SrA>'I�ES�.�Dl'ST�tfiwT BEACH INDEPENDENT a newspaper of touRr :cE!!ITRn .DIS- rRItT oTf tcAKi general circulation, printed and Published in Tu iFcD>oxw1AN, c ,ACOS, SOLICXTATIAMI .pRQ(- the City of Huntington Beach, County of NANCES AS Orange, State of California, and the TIt�IONOILY AROAD, g A�TE1k,'t,THE ;RE,G- attached Notice is a true and complete co uLATHN� y "'r p copy LENGED Y VARIOUS as was printed and published on the DAIf LADEMItER , ;AS, AGk�.C(ES yf Rt'11 p p ZATf#N`�i IItfSE following date(s): A s Es E DRAFTED" Wft LAW GRAO, =.SIMILAR :TO THE.'LANQUAGE USED IN TIE.CITY.OF NUN- TINidTOW 1MACH'EM- PLOYMENV=SOLICI'FA- T{fqN'. OILOINAH'CL Umbac THE HUNTMG- TON-BEACH 0NICIPAL NOVEMBER 30,2006 capttHAPTERQSB<' THE'CITY,AtTORNEY'S OFFAC R MWER' THE HUNTINGON BEACH EMPIOYIII,II NT SOLICI- TAtI 11,,iRDINANCE A,ND.,?D+RAFTED CFfANG51 II+C INE LAN- GUAGf ,iNAT WOULD MAKE #NE CITY OF HUNTfH0tON BEACH CIRpINANCES' 1EGALLY C [NISRDI� declare, under penalty of perjury, that the N ARE AVAILABLE IN CITY:CLERK'S foregoing is true and correct. oFFt P/> D 'AND ADOPTEi1 thei# Goundl,of t. Huninjtgton Be a.te�far tnp�t in h d 1 vembet,20, Executed on NOVEMBER 3 0, 2 0 0 6 2C S ill$ #tSNawing ri��a�voter at Huntington Beach, California *rc reen, COW, $ullivan,.Hardy, N(fE1 Nods' ABd9 T None Thfsilfheince fs'effc-' five 30, iloys af tee r` =Signature TYQF� NGION.CI NTI A N 200,0 MAIN STREET HUNTINGTON BEACH, ItA g2448` m ifE E-3 ii4117,` OAO'L.AW0,, CITY 4I.ERK P IS HoitinRt if B, tin`6ehr+ent;146,, 11'4-866 Council/Agency Meeting Held: Deferred/Continued to: Approved ❑Conditionally Approved Q Denied C C erk' Sign e Council Meeting Date: November 6, 2006 Departmen -D Number: P D-0 6 013 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY OUNCIL MEMBERS SUBMITTED BY: PENFLO�CLBRETWGRAFT�� , 6PA, CITY ADMINISTRATOR PREPARED BY: KENNETH W. SMALL, CHIEF OF POLICE SUBJECT: Amend Huntington Beach Municipal Code Chapter 9.88 Relating to Solicitation for Labor F—St!w ment of issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attechment(sj- Statement of Issue: Huntington Beach Municipal Code sections 9.88.020, 9.88.030 and 9.88.040 need to be modified so that they can be properly enforced. Funding Source: No Funds are required. Recommended Action: Motion: Adopt Ordinance No. J YS�An ordinance of the City of Huntington Beach amending Chapter 9.88 of the Huntington Beach Municipal Code relating to Employment Solicitation. Alternative Action(s): Do not adopt the ordinance. L s x cv = REQUEST FOR ACTION MEETING DATE: November 6, 2006 DEPARTMENT ID NUMBER: Analysis: Within the last year, the United States District Court, Central District of California, has struck down two local agencies' solicitation ordinances as unconstitutionally broad, after the regulations were challenged by various day laborer organizations. Those agencies' ordinances were drafted with language similar to the language used in the City of Huntington Beach employment solicitation ordinance under the Huntington Beach Municipal Code Chapter 9.88 The City Attorney's Office reviewed the Huntington Beach employment solicitation ordinance and has drafted changes in the language that would make the City of Huntington Beach ordinances legally sound. Huntington Beach Municipal Code section 9.88.020 has been drafted to be more specific as to the areas where these activities are prohibited. Huntington Beach Municipal Code section 9.88.030 has been drafted to be more specific as to protecting the City's interest in the safe regulation of traffic on the roadway. Huntington Beach Municipal Code section 9.88.040 has been drafted to more clearly define that solicitation for employment is prohibited in nonresidential parking lots and not just within 25 feet of the driveways to those parking areas. Environmental Status: Not applicable. Attachment($)• City Clerk's Page Numbe No. Description 1. Legislative Draft of Chapter 9.88, Employment Solicitation 2. Ordinance No.,& , Amending chapter 9.88 of the Huntington Beach Municipal Code relating to Employment Solicitation UAWa"CommandeARCA unprotected 9.88.030.doc -2- 101171200611:32 AM ATTACHMENT # 1 Huntington Beach Municipal Code 9.88.010-9.88.030(a) ORDINANCE NO. 35 LEGISLATIVE DRAFT Chapter 9.88 EMPLOYMENT SOLICITATION (3382-9/98,3451-1/2000,3500-9/01) 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, 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,-3500-9/01) 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 , eial strip ma"s and shopping ee„+ers, 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. (3451-1/2000) (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,pad... edians, alleys, and other public vehicular rights-of-way, but shall not include sidewalks, parkways, or curbs. (3382-9198;3451-1/2000,35oo-9/01) (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) 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.(3451-1/2000,35oo-9/01) 06-271/4088 1 Huntington Beach Municipal Code 9.88.010-9.88.030(a) (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. (3451-1/2000,3500-9/01) 9.88.040 Solicitation Prohibited in Nonresidential Parking Areas. (a) It is unlawful for persons to solicit or offer employment<.,;,: i 25 feet of any .,,.king lot e driveway epen4e the pub-he In any nonresidential parking area. (3382-9/98,3500-9/01) (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: (3382-9/98,3500-9/01) It is a misdemeanor to engage in the solicitation of and for employment in this nonresidential parking area. 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) 988.060 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 (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) (d) the filing of a criminal or civil complaint by the City Attorney. (3382-9/98) 06-271/4088 2 ATTACHMENT #2 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. 06-271/4088 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: 9.88.040 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 n 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: J- - City Clerk City Attorney 9.t . 61Q REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator Police e 06-271✓4088 2 Ord. No. 3755" STATE OF CALIFORNIA j COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH j 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 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,.loan 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 Joan L. Flynn,City Clerk City Jerk and ex-officio C16fk Deputy City Clerk of the City Council of the City of Huntington Beach, California RCA ROUTING SHEET INITIATING DEPARTMENT: Police Department SUBJECT: Amend Huntington Beach Municipal Code Chapter 9.88 Relating to Employment Solicitation COUNCIL MEETING DATE: November 6, 2006 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached Not Applicable El Resolution (w/exhibits & legislative draft if applicable) Attached Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ 'Not A plicable Attached El Contract/Agreement (w/exhibits if applicable) Not Applicable ` (Signed in full by the City Attorney) Attached Subleases, Third Party Agreements, etc. Not Applicable (Approved as to form by City Attorney) Certificates of Insurance (Approved b the City Attorne Attached ❑ ( PP Y Y Y) Not Applicable Attached El Fiscal Impact Statement (Unbudget, over $5,000) Not Applicable Attached ❑ Bonds (If applicable) Not Applicable E Attached El Staff Report (If applicable) Not Applicable E Commission, Board or Committee Re ort applicable If a Attached p ( pp ) Not Applicable s/Conditions for Approval and/or Denial Attached El Findin g pp Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff ( ) ( 1 ) Assistant City Administrator(initial) ( PC' ) City Administrator (initial) ) ( ) City Cleric ( ) EXPLANATION RETURN OF ITEM: �T O (Below • . For Only) 5 RCA Author: Lieutenant M. Reynolds/Mindy James