5407ORDINANCE NO. 5407
AN ORDINANCE OF THE CITY OF ANAHEIM
ADDING CHAPTER 14.30 TO TITLE 14 OF
THE ANAHEIM MUNICIPAL CODE RELATING
TO SOLICITATION OF VEHICLE OCCUPANTS.
WHEREAS, persons have been observed being within or
going upon the public streets, sidewalks and parkways for the
purpose of soliciting employment, business or charitable
contributions from the occupants of moving vehicles on public
streets in the City of Anaheim; and
WHEREAS, this practice has been identified as being
unsafe for both the person engaging in the solicitation and for
traffic in general; and
WHEREAS, the activity of soliciting business,
employment or charitable contributions from the occupants of
vehicles constitutes an impediment to the normal and safe flow of
traffic in the City of Anaheim.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM
DOES ORDAIN AS FOLLOWS:
SECTION 1.
That new Chapter 14.30 be, and the same is hereby,
added to Title 14 of the Anaheim Municipal Code to read as
follows:
"CHAPTER 14.30
SOLICITATION OF VEHICLE OCCUPANTS
14.30.010 SOLICITATION PROHIBITED
.010 It shall be 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 public street, regardless of whether such
vehicle is moving or temporarily stopped in traffic.
.020 It shall be 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.
.030 Nothing contained in this Section shall
prohibit solicitations of employment, business or charitable
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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.
14.30.020 DEFINITIONS
The words, terms and phrases used in
this Chapter shall have the following meanings:
.010 'Business" shall mean 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.
.020 'Charitable contributions or alms' shall
mean 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.
.030 'Roadway' shall mean that area within
any public street right-of-way 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.
.040 'Solicit or attempt to solicit' shall
mean and include any act of requesting, offering or announcing by
any means including, without limitation, any oral or written
communication or gesture.
.050 'Street' shall mean and include any
public street, highway or alley within the City of Anaheim.
.060 'Vehicle' shall mean as defined in
Section 670 of the California Vehicle Code or any successor
provision thereto.
14.30.030 EXEMPTIONS
This Chapter shall not apply to or
prohibit:
.010 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.
.020 Any act of soliciting or attempting to
solicit an occupant of a vehicle by another occupant of the same
vehicle.
.030 Any act of soliciting or attempting to
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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.
14.30.040 VIOLATIONS OF CHAPTER
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 2. SEVERABILITY
The City Council of the City of Anaheim hereby declares
that should any section, paragraph, sentence or word of this
ordinance of the Code, hereby adopted, be declared for any reason
to be invalid, it is the intent of the Council that it would have
passed all other portions of this ordinance independent of the
elimination herefrom of any such portion as may be declared
invalid.
SECTION 3. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal
of any other ordinance of this City shall in any manner affect
the prosecution for violations of ordinances, which violations
were committed prior to the effective date hereof, nor be
construed as a waiver of any license or penalty or the penal
provisions applicable to any violation thereof. The provisions
of this ordinance, insofar as they are substantially the same as
ordinance provisions previously adopted by the City relating to
the same subject matter, shall be construed as restatements and
continuations, and not as new enactments.
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 2nd day of
November 1993.
MAYOR OF THE CITY OF AN EIM
ATTEST•
2f
C., T1E C TY OF ANAHEIM
JLW:lm
3
A
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5407
was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 26th day of October,
1993, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 2nd
day of November, 1993, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Feldhaus, Pickier, Daly
NOES: COUNCIL MEMBERS: Hunter, Simpson
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5407 on the 3rd day
of November, 1993.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 3rd
day of November, 1993.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of
Ordinance No. 5407 and was published once in the Anaheim Bulletin on the 11th day of November, 1993.
CITY CLERK OF THE CITY OF ANAHEIM