HomeMy WebLinkAbout03/21/2006, C3 - FINAL ADOPTION OF ORDINANCE NO. 1491 (2006 SERIES) AMENDING THE AGGRESSIVE SOLICITATION PROVISIONS Ccouncil M3 6c�
A acEnaa Repout
C I T Y OF SAN LUIS OBISPO
FROM: Deborah Linden, Police Chief®
Jonathan Lowell, City Attorney 01.
SUBJECT: FINAL ADOPTION OF ORDINANCE NO. 1491 (2006 SERIES)
AMENDING THE AGGRESSIVE SOLICITATION PROVISIONS OF
CHAPTER 9.06 OF THE MUNICIPAL CODE AND ADDING
CHAPTER 9.40 REGULATING THE USE OF PUBLIC BENCHES
CAO RECOMMENDATION:
Adopt Ordinance No. 1491 (2006 Series).
DISCUSSION
On March 7, 2006, the Council voted 4:1 (Settle) to introduce an ordinance amending the
aggressive solicitation provisions of Chapter 9.06 of the Municipal Code and adding new
Chapter 9.40 regulating the use of public benches, including imposing a maximum one hour
restriction on continuous use of a public bench.
Ordinance No. 1491 (2006 Series) is now ready for adoption and will become effective thirty
days after the date of its final passage.
ATTACHMENT
Ordinance No. 1491 (2006 Series)
G:Wgenda-Ordinances-Resol\Agenda Report.Aggressive Solicitation.Final Adoption.DOC
ORDINANCE NO. 1491 (2006 Series)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AMENDING THE AGGRESSIVE SOLICITATION PROVISIONS OF CHAPTER 9.06
OF THE MUNICIPAL CODE AND ADDING CHAPTER 9.40 REGULATING THE USE
OF PUBLIC BENCHES
BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That Chapter 9.06 (Prohibition on Aggressive Solicitation ) of the San
Luis Obispo Municipal Code is hereby amended by the addition of new Section 9.06.025
(Prohibition of solicitation from specified locations) to read as follows:
9.06.025 Prohibition of solicitation from specified locations.
A. In order to promote the safe and orderly flow of traffic and to prevent the harassment
and intimidation of citizens and visitors in the vicinity of cash dispensing institutions
or facilities, and commercial and retail establishments, no person may solicit or beg for
any monies, goods or services, including offering any services in exchange for monies,
goods or services, while located:
1. Within twenty five (25) feet of any ATM or similar cash machine, bank, or
savings and loan;
2. Within six (6) feet of the entrance to a commercial establishment or driveway
thereto, or a driveway serving shopping center; or
3. Within ten (10) feet of any intersection of city streets, including intersections
of city streets and state highways or state highway on or off ramps; or
4. On any median in any city street; or
5. On the roadway of any city street intended for the use of vehicular traffic,
including approaching and/or attempting to interfere with the movement
of any occupied vehicle while such vehicle is being operated on any city
street.
B. This section shall not apply to a registered non-profit organization conducting a
fundraising activity within a commercial parking area with the permission of the owner,
provided such activity does not interfere with the safe and orderly flow of traffic entering
or exiting the parking area onto city streets and said organization has obtained all
necessary permits.
SECTION 2. That new Chapter 9.40 (Public Benches) is hereby added to the San Luis
Obispo Municipal Code to read as follows:
Chapter 9.40
PUBLIC BENCHES
It shall be an infraction for any person to sit, lay,, or remain upon any public bench for any
continuous period of time in excess of one (1) hour, or for any period of time in excess of three
(3) hours in any twenty four (24) hour period; or to arrange one's personal property on or in front
J J
Ordinance No. 1491 (2006 Series)
Page 2
of any portion of any public bench in a manner that obstructs or precludes the use of the bench by
another person.
SECTION 3. A summary of this ordinance, approved by the City Attorney, together
with the names of the Council members voting for and against it, shall be published at least five
days prior to its final passage, in the Tribune, a newspaper published and circulated in this City.
This ordinance will go into effect at the expiration of thirty (30) days after its final passage.
INTRODUCED on the 7`h day of March 2006 AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the day of 2006,
on the following roll call vote:
AYES:
NOES:
ABSENT:
David F. Romero
Mayor
ATTEST:
Audrey Hooper, C.M.C.
City Clerk
APPROVED AS TO FORM:
Jonat well
City Attorney
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