ATTACHMENT 2
ORDINANCE NO. 2015-______
AN ORDINANCE OF THE CITY COUNCIL OF ALISO VIEJO,
CALIFORNIA ADDING A NEW CHAPTER 4.16 TO TITLE 4 OF
THE ALISO MUNICIPAL CODE RELATING TO SOLICITATION
OF VEHICLE OCCUPANTS
WHEREAS, The City of Aliso Viejo (“City”) is authorized by California Constitution Article XI, Section VII to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations; and
WHEREAS, the City currently does not prohibit persons from approaching vehicles in public streets to sell goods and services and to solicit charitable contributions; and
WHEREAS, to prevent unsafe interference with vehicles in the right of way and to avoid distracting motorists from the operation of their vehicles, the City Council desires to regulate solicitation of vehicle occupants in public roadways.
THE CITY COUNCIL OF THE CITY OF ALlSO VIEJO HEREBY ORDAINS AS FOLLOWS:
Section 1. CEQA. This Ordinance amends the City’s Municipal Code in order to promote health, safety, comfort and general welfare in the community. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) because the activity is not a project as defined in Section 15378 of the State CEQA Guidelines. Even if the Ordinance constituted a “project” within the meaning of CEQA, the activity is exempt under State CEQA Guidelines section 15061 for the reasons set forth in this Ordinance and the corresponding staff report. The Ordinance does not have the potential for resulting in physical change to the environment, directly or indirectly.
Section 2. A new Chapter 4.16 is added to Title 4 of the Aliso Viejo Municipal Code to read as follows:
CHAPTER 4.16
SOLICITATION OF VEHICLE OCCUPANTS
4.16.010 SOLICITATION PROHIBITED.
A. It is unlawful for any person to be upon or go upon the roadway of any public street and solicit or attempt to solicit employment, business, or charitable contributions or alms from the occupant of any vehicle which is in transit upon a 60367.01100\12164036.2
public street, regardless of whether such vehicle is moving or temporarily stopped in traffic.
B. It is unlawful for any person to be upon or go upon the roadway or any public street and engage in any business with, or accept any charitable contribution or alms from, the occupant of any vehicle which is in transit upon a public street, regardless of whether such vehicle is moving or temporarily stopped in traffic.
C. Nothing contained in this section shall prohibit
solicitations of employment, business or charitable
contributions or alms from or by the occupants of any vehicle which either is lawfully parked upon a public street, or which is not upon a public street, at the time of such solicitation.
The words, terms and phrases used in this chapter shall have the following meanings:
"Business" means any sale of or offer to sell, or purchase of or offer to purchase, any product, commodity, item or service of any kind or nature.
"Charitable contributions or alms" means the obtaining of an immediate donation of money or other thing of value,
whether for personal use, or as a contribution to a charitable organization, or for any other purpose.
"Roadway" means that area within any public street right-ofway which is designed, improved or ordinarily used for vehicular traffic and traffic related improvements, including without limitation any median islands, traffic divider areas, bicycle lanes, safety zones, crosswalks and curbs.
"Solicit or attempt to solicit" means and includes any act of requesting, offering or announcing by any means including, without limitation, any oral or written communication or gesture.
"Street" means and includes any public street, highway or alley within the City of Aliso Viejo.
"Vehicle" means as defined in Section 670 of the California Vehicle Code or any successor provision thereto.
4.16.030 EXEMPTIONS.
60367.01100\12164036.2
A. This chapter shall not apply to or prohibit:
1. Any acts prohibited by Section 22520.5 of the
Vehicle Code of the State of California or any acts otherwise prohibited or preempted by any other provision of state law.
2. Any act of soliciting or attempting to solicit an
occupant of a vehicle by another occupant of the same
vehicle.
3. Any act of soliciting or attempting to solicit
transportation upon or within a vehicle which act is engaged in between the driver or other occupant of such vehicle and any other person.
4. Any act of soliciting or attempting to solicit
contributions or alms by a bonafide charity or non-profit corporation, organization or association.
B. .Any qualified charitable or non-profit corporation, organization or association as set forth in Section A.4 above, shall obtain a certificate of exemption from the Aliso Viejo City Manager or his designee. Such certificate shall be issued within 72 hours following the submittal of a written application therefor provided such application and the
proposed solicitation conforms to the following requirements:
1. That the applicant submits proof that it is
qualified by the Internal Revenue Service as a charitable or non-profit corporation, organization or association exempt from taxation under applicable provisions of the Internal Revenue Code;
2. That the application is accompanied by a plan
for review and approval by the Aliso Viejo City Manager or his designee (1) demonstrating that its solicitors will wear distinctive and highly visible attire (such as garments or devices containing reflective materials or composed of vivid and highly visible colors) for the purpose of increasing visibility of such persons to motorists; and (2) providing a plan or methodology for minimizing interference with traffic.
3. All solicitation of vehicles while engaged in
transit on the public streets shall be limited to between the hours of 10:00 a.m. to 3:00 p.m.
4. All solicitations by the charitable or non-profit
corporation, organization or association pursuant to such 60367.01100\12164036.2
certificate of exemption shall be limited to one (1) day per calendar year.
5. Not more than one charitable or non-profit
corporation, organization or association shall be scheduled at the same location on the same date.
A violation of any provision of this chapter shall be
punishable as an infraction as provided in Section 36900 of the Government Code of the State of California or any
successor provision thereto.
Section 3. Conflicting Regulations. Upon the effective date of this Ordinance, all former ordinances or parts thereof conflicting or inconsistent with the provisions of this Ordinance are hereby repealed and declared to be of no further force and effect.
Section 4. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof.
Section 5. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption.
Section 6. Publication. The City Clerk shall publish this Ordinance within fifteen (15) days of its adoption in accordance with California Government Code Section 36933.
Section 7. Notice of Exemption. The City Council hereby directs staff to prepare, execute and file with the Orange County Clerk a Notice of Exemption within five (5) working days of first reading of this Ordinance.
Section 8. Location and Custodian of Records. The documents and materials associated with this Ordinance that constitute the record of proceedings on which these findings are based are located at Aliso Viejo City Hall, 12 Journey, Aliso Viejo, California 92656. The City Clerk is the custodian of the record of proceedings.
PASSED, APPROVED AND ADOPTED this _____ day of _______ 2015.