HomeMy WebLinkAbout6/20/2012 - STAFF REPORTS - 3.A. 4�E Q R`M SA9
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c41I1:0 % City Council Staff Report
DATE: June 20, 2012 LEGISLATIVE
SUBJECT: 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
FROM: David H. Ready, City Manager
BY: Alberto Frantz, Police Chief
SUMMARY
The proposed Ordinance adds Section 5.48.065 to the Palm Springs Municipal Code to
provide regulations applicable to the solicitation of motorists within the public right-of-
way and amends Section 5.48.010 to define "public right-of-way."
RECOMMENDATION:
1. Waive reading of the Ordinance text and introduce by title only.
2. INTRODUCE Ordinance No. , "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."
STAFF ANALYSIS:
The City has experienced various negative impacts created by solicitation of occupants
of motor vehicles in the public right-of-way where no parking or stopping is allowed and
near driveway entrances to commercial shopping centers. This activity 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.
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City Council Staff Report
June 20, 2012-- Page 2
Ordinance re Solicitation Within the Public Right-of-Way
The Ordinance would prohibit any person from soliciting motorists (1) while standing on
any portion of a public sidewalk or driveway that is adjacent to a public roadway with no
on-street parking, (2) while standing in any travel lane of a public roadway or on a public
median, and (3) within 25 feet of any shopping center driveway.
The Ordinance would not relieve any person from the need to obtain a permit for
solicitation as provided in Section 5.48.015 of the Municipal Code. The Ordinance
makes an exemption for solicitation from private property or an adjacent sidewalk that
communicates products or services made available on the private premises. To inform
the public of its restrictions on solicitation, and to aide in enforcement, the Ordinance
requires the City to posts signs in the public right-of-way.
FISCAL IMPACT:
Cost associated with the signage along the public right-of-way will be the responsibility of
the City of Palm Springs and the initial start-up cost will not exceed $5,000.
�..� � _
Alb F , P C i David H. Read anager
Dougl s Holland, City Attorney
Attachments: Proposed Ordinance
02
861684.1
ORDINANCE NO. _
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 significant
government interests, leave open ample alternative avenues of communication, and are
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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 DAY OF ,2012.
STEPHEN P. POUGNET, MAYOR
ATTEST:
JAMES 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. _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
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