HomeMy WebLinkAbout1810 ORDINANCE NO. 1810
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SECTION 5.48.010 AND
ADDING SECTION 5.48.065 TO THE PALM SPRINGS
MUNICIPAL CODE, RELATING TO SOLICITATION WITHIN
THE PUBLIC RIGHT-OF-WAY.
City Attorney Summary
This Ordinance adds a provision to the Palm Springs
Municipal Code regulating the solicitation of motorists within
certain public rights-of-way and adjacent to driveways in the
City.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDAINS:
SECTION 1. Section 5.48.010 of the Palm Springs Municipal Code is amended to
include the following definition:
"Public right-of-way" means land, which by deed, conveyance, agreement, easement,
dedication, usage or process of law is reserved for and dedicated to the use of the
general public for street or highway purposes, including but not limited to any street,
highway, driveway, parkway or sidewalk within the City limits.
SECTION 2. Section 5.48.065 is added to the Palm Springs Municipal Code to read:
Section 5.48.065 Solicitation Within The Public Right-of-Way
A. The purpose of this section is to promote public traffic safety by regulating
the solicitation of and by occupants of motor vehicles in the public right-of-way. The City
finds and determines as follows:
1. The activity of soliciting employment, business, or contributions by or from
occupants of motor vehicles along roadways where there is no on-street
parking and/or near shopping center driveways distracts motorists and creates
significant traffic hazards, including but not limited to vehicles unnecessarily
stopping in traffic lanes, vehicles forced to make sudden stops, congestion in
and around driveway aprons, and the obstruction of drivers'line of sight, views
of traffic signs, street-crossing pedestrians, and other vehicles;
2. Distracted drivers are more prone to have automobile accidents. Such
accidents further impede the orderly flow of traffic and pose risks to persons
engaged in solicitation as well; and
3. The content-neutral time, place and manner restrictions on solicitation
within the public right-of-way in this section are narrowly tailored to serve these
Ordinance 1810
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significant government interests, leave open ample alternative avenues of
communication, and are not intended to diminish the freedom or liberty of
speech guaranteed under the United States and California Constitutions.
B. It is unlawful for any person, while standing on any portion of a public
sidewalk or driveway, to solicit any motorist traveling along any public roadway that is
designated as a no parking zone.
C. It is unlawful for any person to solicit while standing in any travel lane of a
public roadway or on a public median.
D. It is unlawful for any person to solicit within twenty-five (25) feet of any
shopping center driveway.
E. It is unlawful for any occupant of a motor vehicle to engage in solicitation
activity with any person in violation of paragraphs B, C, and D of this section.
F. The City shall post signs in the public right-of-way to notify the public of
the prohibitions contained in paragraphs B, C, D, and E this section.
G. This section shall not apply to solicitations from private property or any
portion of public sidewalk adjoining the private property communicating the products or
services made available on the premises.
SECTION 3.The Mayor shall sign and the City Clerk shall certify to the passage
and adoption of this Ordinance and shall cause the same, or the summary thereof, to be
published and posted pursuant to the provisions of law and this Ordinance shall take
effect thirty (30) days after passage.
PASSED, APPROVED AND ADOPTED THIS 11T" DAY OF JULY, 2012.
STEPPrEN P. POUGNET, AYOR
ATTEST:
AMES THOMPSON, CITY CLERK
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby
certify that Ordinance No. 1810 is a full, true, and correct copy, and was introduced at a
regular meeting of the Palm Springs City Council on June 20, 2012, and adopted at a
regular meeting of the City Council held on July 11, 2012, by the following vote:
AYES: Councilmember Hutcheson, Councilmember Lewin, Mayor Pro Tern Foat,
and Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Mills.
ABSTAIN: None.
AMES THOMPSON, CITY CLERK
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