ATTACHMENT 4
ORDINANCE NO._________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE FOREST, CALIFORNIA, AMENDING THE LAKE
FOREST MUNICIPAL CODE TO ADD CHAPTER 11.68
REGARDING SOLICITATION IN NO STOPPING ZONES
WHEREAS, individuals as well as large groups of people congregate in certain areas within the City of Lake Forest (“City”) on a daily basis to solicit from persons driving vehicles in and along public rights-of-way where stopping and parking is prohibited (“no stopping zones”); and
WHEREAS, the activity of soliciting from drivers in no stopping zones distracts drivers from their primary duty to watch traffic and potential hazards in the road, to observe all traffic control signals and warnings and to prepare to move safely through streets and intersections; and
WHEREAS, the practice of soliciting from drivers in no stopping zones impedes the flow of traffic on streets and results in the delay and obstruction of the public’s free flow of travel and results in congestion and blockage of the streets, driveways, parking areas and sidewalks; and
WHEREAS, distracted drivers in no stopping zones are more prone to automobile accidents, and accidents on the public streets constitute a substantial traffic safety problem, which further impedes and prevents the orderly flow of traffic and is unsafe for persons engaging in solicitation, pedestrian traffic and traffic generally; and
WHEREAS, the practice of soliciting by occupants of moving vehicles in no stopping zones from persons standing on public streets and sidewalks also presents potential safety hazards for the reasons set forth above; and WHEREAS, the cumulative impact of this type of activity on streets, highways and sidewalks on a daily basis within the City has created a potential safety hazard and poses a significant and substantial risk to the interest of the public in the free flow of travel; and
WHEREAS, the potential safety hazards created by the solicitation activity in and along public rights-of-way in no stopping zones pose a threat to the public peace, health and safety;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
LAKE FOREST DOES ORDAIN AS FOLLOWS:
SECTION 1. Division IX, Chapter 11.68 of the Lake Forest Municipal Code is hereby added to read as follows:
“Division IX. Solicitation
Chapter 11.68 Solicitation in No Stopping Zones
11.68.010 Legislative Findings.
11.68.020 Definitions.
11.68.030 Prohibitions.
11.68.010 Legislative Findings.
The City Council finds that the practice of soliciting to and from occupants of vehicles on City thoroughfares where stopping and parking is prohibited impedes the flow of traffic on streets and results in the delay and obstruction of the public’s free flow of travel and results in congestion and blockage of the streets, driveways, parking areas and sidewalks. The City Council further finds that the activity of soliciting to and from occupants of vehicles where stopping and parking is prohibited distracts drivers from their primary duty to watch traffic and potential hazards in the road, to observe all traffic control signals or warnings and to prepare to move safely through streets and intersections. The City Council finds that the safety hazards resulting from the solicitation to and from vehicles present a threat to public health, safety and welfare requiring the prohibition of this activity.
11.68.020 Definitions.
For purposes of this Chapter the following definitions shall apply:
A. “City Street” means all portions of a roadway used by vehicles for travel, stopping or parking, including any medians lying within such roadways.
B. “No Stopping Zone” means a segment of City street, highway, driveway, parkway, sidewalk or public right-of-way where stopping or parking of vehicles is prohibited.
C. “Solicitation” or “Solicit” means and includes any request, including verbal, printed or written signs and gestures, to purchase goods, property or services, or to offer, entice or purchase goods, property or services, or to seek or make contributions of money or property.
Solicitation shall be deemed complete whether or not an actual service is used, a transaction is completed, or an exchange of money or other property takes place.
11.68.030 Prohibitions.
A. No person shall engage in solicitation that requires a motor vehicle to stop in a No Stopping Zone.
B. This Chapter shall not be interpreted to relieve any person from obtaining a permit to engage in those solicitation activities governed by Chapter 5.16 of this code. ”
SECTION 2. Compliance with California Environmental Quality Act
The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
SECTION 3. 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 4. Effective Date
This Ordinance shall become effective thirty (30) days from its adoption.
SECTION 5. Publication
The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published once in a newspaper of general circulation printed and published within the City of Lake Forest.
PASSED AND APPROVED this ___ day of ______________ 2009.
Mark Tettemer, Mayor
ATTEST:
Sherry A.F. Wentz, CMC, City Clerk
APPROVED AS TO FORM:
By:
Scott C. Smith, City Attorney