HomeMy WebLinkAboutOrd 1249-1999CITY OF SOUTH SAN FRANCISCO
ORDINANCE NO.32_49_-99
AN ORDINANCE ADDING CHAPTER 8.58 TO THE
MUNICIPAL CODE OF THE CITY OF SOUTH SAN
FRANCISCO REGARDING SOLICITATIONS DIRECTED TO
OCCUPANTS OF MOTOR VEHICLES
WHEREAS, a significant number of persons routinely solicit or attempt to
solicit employment, business, or contributions from the occupants of vehicles on
city streets; and
WHEREAS, the activity of soliciting employment, business, or
contributions from occupants of vehicles distracts drivers from their primary duty
to watch traffic and potential hazards in the road, observe all traffic control signals
or warnings, and prepare to move through the city streets and intersections; and
WHEREAS, the practice of soliciting employment, business, or
contributions from occupants of vehicles as discussed above impedes the flow of
traffic on city streets, results in the delay and obstruction of the public' s free flow
of travel, and results in congestion and blockage of the streets, driveways to
parking areas, and sidewalks when such persons approach the vehicles to interact
with the occupants; and
WHEREAS, distracted drivers are more prone to automobile accidents,
and accidents on the public streets constitute a substantial traffic safety problem
which problem further impedes and prevents the orderly flow of traffic, is unsafe
for the person engaging in the solicitation, pedestrian traffic, and the traffic
generally; and
WHEREAS, the cumulative impact of this type of activity on city streets,
highways and sidewalks on a daily basis has created a potential safety hazard,
which poses a significant and substantial risk to the interest of the public in the
free flow of travel in the city;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH
SAN FRANCISCO DOES ORDAIN AS FOHDWS:
SECTION 1. CHAPTER 8.58 IS HEREBY ADDED TO THE SOUTH SAN
FRANCISCO MUNICI?AL CODE TO READ AS FOLLOWS:
CHAPTER 8.58
SOLICITATIONS DIRECTED TO OCCUPANTS OF MOTOR VEHICLES
8.58.010. Del'tuitions.
As used in this chapter, the following definitions shall apply:
(a) "Employment" shall mean and include services, industry or labor performed by a
person for wages or other compensation or under any contract for hire, written, oral, express or
implied.
(b) "Solicit" shall mean and include any request, offer, enticement, or action, whether
spoken, written, or by gesture, which announces the availability for or of employment or the sale
of goods, or which constitutes a request for funds, goods, or services, or to make any contribution
of money or other property. As defined herein, a solicitation shall be deemed complete when
made whether or not an actual employment relationship is created, a transaction is completed, or
an exchange of money takes place."
8.58.20.
Prohibition of solicitation in the public right-of-way.
(a) It shall be unlawful for any person, while standing, sitting, lying, or otherwise
stationed in any portion of the public right-of-way, including, but not limited to, public streets,
highways, sidewalks and driveways, to solicit, or attempt to solicit, employment, business or
contributions of money or other property from any person travelling in a vehicle along a public
fight-of-way, including, but not limited to, public streets, highways or driveways.
(b) It shall be unlawful for any person, while the occupant of any vehicle, to solicit, or
attempt to solicit, employment, business, or contributions of money or other property from a
person who is within the public right-of-way, including, but not limited to, any public street,
highway, sidewalk, or driveway.
SECTION 2. SEVERABIIJTY.
In the event any section or portion of this ordinance shall be determined invalid or
unconstitutional, such section or portion shall be deemed severable and all other sections or
portions hereof shall remain in full force and effect.
SECTION 3. PUBLICATION AND EFFECTIVE DATE.
This ordinance shall be published once, with the names of those City Councilmembers
voting for or against it, in the San Mateo Times, a newspaper of general circulation in the City of
South San Francisco, as required by law, and shall become effective thirty (30) days from and
after its adoption.
Introduced at a regular meeting of the City Council of the City of South San Francisco, held the
28 day of dul¥ ,1999.
Adopted as an Ordinance of the City of South San Francisco, held the 11
A.g.~t ,1999.
day of
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers Joseph A.'Fernekes, Eugene R. Mullin and John R.
Penna, Mayor Pro~TemrKaryl'Matsumoto and Mayor James L. Datzman
None.
None.
Nnne.
{J City Clerk
As Mayor of the City of South San Francisco, I do hereby approve the foregoing
Ordinance this 11 _ day of gugust ,1999.
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