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Ordinance No. 746 - Solicitation of EmploymentORDINANCE NO. 746 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ADOPTING REGULATIONS RELATING TO SOLICITATION OF EMPLOYMENT, BUSINESS OR CONTRIBUTIONS IN CERTAIN AREAS THE CITY COUNCIL OF THE CITY OF ROSEMEAD HEREBY ORDAINS AS FOLLOWS: Section 1. Legislative Intent A. Large groups of persons congregate to certain areas on a daily basis and solicit, or attempt to solicit, employment, business, or contributions from the occupants of vehicles on streets; and B. The activity of soliciting employment, business, or contributions from occupants of vehicles, distracts drivers from • their primary duty to watch traffic and potential hazards in the road, observe all traffic control signals or warnings, and prepare to move through streets and intersections; and C. The practice of soliciting employment, business, or contributions from occupants of vehicles as described above, 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 to parking areas, and sidewalks when such persons approach the vehicles to negotiate with the occupants; and D. Distracted drivers are more prone to automobile accidents, and accidents on the public streets constitute a substantial traffic safety problem which problem further impedes and prevents the orderly flow of traffic, is unsafe for the person engaging in the solicitation, pedestrian traffic, and the traffic generally; and E. The activity of soliciting employment, business, or contributions by occupants of moving vehicles from persons standing on public streets and sidewalks is also unsafe for the COUNCIL AGENDA S E P 131994 ITEM No. ~ r same reasons stated above; and F. The cumulative impact of this type of activity on streets, highways and sidewalks on a daily basis has created a potential safety hazard, which poses a significant and substantial risk to the interest of the public in the free flow of travel. Section 2. Article IV, Chapter 1 of the Rosemead Municipal Code - Disorderly Conduct, Nuisances, Etc. is hereby amended by the addition of the following sections: Section 4174. Definitions. As used in this Chapter the following meanings shall apply: A. "Employment" shall mean and include services, industry or labor performed by a person for wages or other compensation or under any contract of hire, written, oral, express or implied. B. "Solicit" shall mean and include any request, offer, enticement, or action which announces the availability for or of • employment, the sale of goods, or a request for money or other property, or any request, offer, enticement or action which seeks to purchase or secure goods or employment, or to make a contribution of money or other property. As defined herein, a solicitation shall be deemed complete when made, whether or not an actual employment relationship is created, a transaction is completed, or an exchange of money or other property takes place. C. "Business" shall mean and include any type of product, goods, service, performance or activity which is provided or performed, or offered to be provided or performed, in exchange for money, labor, goods or any other form of consideration. L1 Section 4175. It shall be unlawful for any person, while standing in any portion of the public right-of-way, including but not limited to public streets, highways, sidewalks and driveways, to solicit, or attempt to solicit, employment, business, or contributions of money or other property, from any person traveling in a vehicle along a public right-of-way, including, but not limited to, public streets, highways or driveways. The provisions of this Section shall only be operative in the City of Rosemead. I Section 4176. It shall be unlawful for any person, while the occupant of a moving vehicle, to solicit, or attempt to solicit, employment, business, or contributions of money or other property, from a person who is within the public right-of-way, including but not limited to a public street, highway, sidewalk, or driveway. The provisions of this Section shall only be operative in City of Rosemead. Section 3. The City Clerk shall certify to the adoption of this Ordinance. PASSED, APPROVED and ADOPTED on the 13th day of September, 1994. I hereby certify that the foregoing Ordinance No. 746 was duly and regularly adopted by the Rosemead City Council at a regular meeting thereof held on the 13th day of September, 1994, by the following vote: Yes: No: Absent: Abstain: • A City Cie Clark, Taylor, Bruesch, Vasquez, Imperial None None None rk~ n 3