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Home My WebLink About7/11/2012 - STAFF REPORTS - 2.E. �Ot F ALM S'09 .y c V N x x t `° o..... .s City Council Staff Report O,O<lFOQN�P DATE: July 11, 2012 CONSENT CALENDAR SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1810, ADDING 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 FROM: David H. Ready, City Manager BY: Office of the City Clerk SUMMARY: The City Council will consider adoption of Ordinance No. 1810 and a companion resolution amending the Master Bail Schedule to add violation of PSMC Section 5.48.065. RECOMMENDATION: 1. Waive further reading and adopt 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." 2. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE MASTER BAIL SCHEDULE TO ADD VIOLATION OF PSMC SECTION 5.48.065." STAFF ANALYSIS: On June 20, 2012, Ordinance No. 1810 was introduced for first reading, "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." ACTION: Waive the reading of the full text of the Ordinance, and introduce by title Ordinance No. 1810, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 5.48.010 AND Item No. 2 . E . ADOPTION OF PROPOSED ORDINANCE NO. 1810 July 11, 2012 Page 2 of 2 ADDING SECTION 5.48.065 TO THE PALM SPRINGS MUNICIPAL CODE, RELATING TO SOLICITATION WITHIN THE PUBLIC RIGHT-OF- WAY." Motion Mayor Pro Tern Foat, seconded by Councilmember Hutcheson and unanimously carried on a roll call vote. As well as adopting Ordinance No. 1810, prohibiting solicitation in the public right-of- way, the Master Bail Schedule needs amending to provide for a bail and fine of the added PSMC Code Section 5.48.065. Staff has prepared a resolution to amend the Master Bail Schedule to provide for the first violation as an infraction in the amount of $100, second violation as an infraction in the amount of $250, and: the third violation as a misdemeanor in the amount of$500. This report provides for the City Council to waive further reading and adopt the ordinance. The ordinance shall be effective 30-days from adoption. mes Thompson David H. Ready, h.D. City Clerk City Manager /kdh Attachment: Ordinance No. 1810 Proposed Resolution 02 ORDINANCE NO. 1810 AN ORDINANCE OF THE CITY COUNCIL 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 861660.2 1 03 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 Californial 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 BY THE PALM SPRINGS CITY COUNCIL THIS DAY OF 2012. STEPHEN P. POUGNET, MAYOR ATTEST: JAMES THOMPSON, CITY CLERK 861660.2 2 04 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. is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on 2012, and adopted at a regular meeting of the City Council held on 2012 by the following vote: AYES: NOES: ABSENT: ABSTAIN: JAMES THOMPSON, CITY CLERK City of Palm Springs, California 05 861660.2 3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE MASTER BAIL SCHEDULE TO ADD VIOLATION OF PSMC SECTION 5.48.065. WHEREAS, on July 11, 2012, the City Council adopted Ordinance No. 1808 adding Section 5.48.065 to the Palm Springs Municipal Code relating to solicitation within the Public Right-of-Way. WHEREAS, the City of Palm Springs Master Bail Schedule needs to be amended to include a penalty for violation of PSMC Section 5.48.065. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City of Palm Springs Master Bail Schedule is hereby amended to add violation of Palm Springs Municipal Code Section 5.48.065 as follows: PSMC 5.48.065 Solicitation within the Public Right-of- First Violation $100.00 Infraction Way Second Violation $250.00 Infraction Third Violation $500.00 Misdemeanor SECTION 2. The City Clerk is hereby directed to amend the City of Palm Springs Master Bail Schedule and submit such amendment to the Riverside County Superior Court, Indio Division, Administration, Clerk of the Court. PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 11TH DAY OF JULY, 2012. DAVID H. READY, CITY MANAGER ATTEST: JAMES THOMPSON, CITY CLERK 06 Resolution No. Page 2 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on July 11, 2012, by the following vote: AYES: NOES: ABSENT: ABSTAIN: JAMES THOMPSOiN, CITY CLERK City of Palm Springs, California 07 CITY OF PALM SPRINGS NOTIFICATION V- Q City Council Meeting Date: July 11, 2012 Subject: Ordinance No. 1810 - Summary AFFIDAVIT OF PUBLICATION I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Ordinance Summary was published in the Desert Sun on July 26, 2012. 1 declare under uunder penalty of perjury that the foregoing is true and correct. ��"T� Kathie Hart, CMC Chief Deputy City Clerk AFFIDAVIT OF POSTING I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Ordinance Summary was posted at City Hall, 3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board and in the Office of the City Clerk on July 26, 2012. 1 declare under penalty of perjury that the foregoing is true and correct. Kathie Hart, CMC Chief Deputy City Clerk The Desert Sun Certificate of Publication 750 N Gene Autry Trail Palm Springs,CA 92262 760-7784578/Fax 760-7784731 State Of California ss: County of Riverside Advertiser: CITY OF PALM SPRINGS/LEGALS PO BOX 2743 PALM SPRINGS CA 922632 2000329666 1 am over the age of 18 years old, a citizen of the United Stales and not a party to, or have interest in this matter. I hereby certify that the attached advertisement appeared in said newspaper (set in type not smaller than non panel) in each and entire issue of said newspaper and not in any supplement thereof on the following dates,to wit: No 1Bpe- Newspaper. .The Desert Sun Crr1'OF PAW SPRINes ORDINANCE NO.1810 AN ORDINANCE OF THE CITY OF PALM SPRINGS,48010 ND LADDINGa�ONN5.48.066 TO 7/26/2012 THE PALM SPRINGS MUNICIPAL CODE,-RE- _ LIC ATINO TO SOLICITATION.WITHIN,THE PUB- i OF-WAY City Attorney Summery.... SThpnUrp��anerlCMunpealadds a Prov. . r to tlla Palm or moloneLs within Codeen�pacing the adpitation Certaiadlltbent to driveways P -0f- Y and ys in the City. I acknowledge that I am a principal clerk of the ' CERTIFlCATION - 9 P P Printer of r STATE OFCALIFORNIA ) The Desert Sun, printed and published weekly in the City r COUNTY OF RIVERSIDE) as, of Palm Springs, County of Riverside, State of California. I CITY OF PALM SPRINGS) 3 The Desert Sun was adjudicated a newspaper of general P JAMES THOMPSON, City perk of the City of circulation on March 24, 1988b the Superior Court of the �8otaia,do bycer6 met Or- County P - dinanoe No. 810 is a full,true,and correct copy' County of Riverside, State of California Case No. - and was introduced-et a regular in nGG of IM1e Palm S rings City Council on June 20,2012 and 191236. - ad teat a regpular meetingg of the ,d2y Council f hellTon July l 1,2012.by the falbwirg yo(g: AYES: Caunuylmamper Hulcheaon,I declare under penalty of perjury that the foregoing is true r Cowldlmember Lewin, Coumilrtre Hut es,, 'Ma or Pro Tam Foat,and Mayor Pmembougne. and correct. Executed on this 26th day of July, 2012 in I A73;�Fa; None. ABSTAIN: None. Palm Springs,California. t JAMES THOMPSON,.CITY CLERK Publlehetl 7PAM2.' Deelaranfs nature _ dp L'i r CD G-9 CL C'3 `>- V W N c!, o ti N CITY OF PALM SPRINGS 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. 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, Councilmember Mills, Mayor Pro Tern Foat, and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. ` ?AMES ��®THOMPSON, CITY CLERK 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 861660.2 1 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 BY THE PALM SPRINGS CITY COUNCIL THIS 11T" DAY OF JULY, 2012. STEPHEN P. POUGNET, MAYOR ATTEST: JAMES THOMPSON, CITY CLERK 861660.2 2 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, 2012 by the following vote: AYES: Councilmember Hutcheson, Councilmember Lewin, Councilmember Mills, Mayor Pro Tern Foat, and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. JAMES THOMPSON, CITY CLERK City of Palm Springs, California 861660.2 3