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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 6 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 2 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