O 586,ORDINANCE N0.586
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AMENDING SECTION 10.08.060.8. OF THE
ARROYO GRANDE MUNICIPAL CODE
WHEREAS, on November 23, 2004, the City Council adopted Ordinance No. 559 which
prohibited solicitation at entrances to commercial areas and upon public right of ways;
and
WHEREAS, such prohibition was intended to promote the safe and orderly flow of
traffic; and
WHEREAS, Arroyo Grande Municipal Code 10.08.060.6. exempts from such prohibition
non-profit organizations conducting fundraising activities within a commercial parking
area with the permission of the owner, provided such activity does not interfere with the
safe and orderly flow of traffic entering or exiting the parking area onto city streets and
said organization has obtained a public safety and welfare permit from the chief of
police; and
WHEREAS, the City Council finds that an exemption should be provided to any person
or organization raising money on behalf of any non-profit organization as well as to
allow fundraising activities on certain public rights of way, so long as such activities do
not negatively impact traffic flow or public safety.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Arroyo
Grande, as follows:
SECTION 1. The above recitals and findings are true, correct, and incorporated herein.
SECTION 2. Arroyo Grande Municipal Code Section 10.08.060.6. is hereby amended in
its entirety to read as follows:
10.08.060.6. This section shall not apply to any non-profit organization, or any person or
organization acting on behalf of a non-profit organization, conducting a fundraising activity;
provided such activity does not interfere with the safe and orderly flow of traffic and said
person or organization has obtained a public safety and welfare permit from the chief of
police, with appropriate conditions imposed thereon. A public safety and welfare permit
shall be issued only when the following apply: 1) the applicant satisfactorily demonstrates
an understanding of the principles of traffic flow and public safety through education,
training or experience adequate to address the circumstances of the proposed fundraising
activity; and 2) that the location and time of the proposed fundraising activity will not
significanfly impact traffic flow or public safety.
ORDINANCE N0.586
PAGE 2
'SECTION 3. This Ordinance shall go into effect thirty (30) days after its adoption.
SECTION 4. If any section, sentence, clause, phrase, or portion of this Ordinance, is for
any reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
ordinance. The City Council hereby declares-that it would have adopted this ordinance,
and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof,
irrespective of the fact that any one or more sections, subsections, subdivisions,
sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 5. A summary of this Ordinance shall be published in a newspaper published
and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council
meeting at which the proposed Ordinance is to be adopted. A cert~ed copy of the full text
of the proposed Ordinance shall be posted in the office of the Director of Administrative
Services/City Clerk. Within fifteen (15) days after adoption of the Ordinance, the summary
with the names of those City Council Members voting for and against the Ordinance shall
be published again, and the Director of Administrative Services/City Clerk shall post a
certified copy of the full text of such adopted Ordinance.
On motion by Council Member Costello, seconded by Council Member Amold, and by the
following roll call vote to wit:
AYES: Council Members Costello, Amold, Guthrie, Fellows, and Mayor Ferrara
NOES: None
ABSENT: None
the foregoing Ordinance was adopted this 10"' day of April 2007.
ORDINANCE NO. Jr8(Q
PAGE 3
TONY M. FER ,MAYOR
ATTEST:
KELLY W'ETMC~ftE, CITY CLERK
APPROVED AS TO CONTENT:
-._..
ST V ADA ,CITY MANAGER
APPROVED AS TO FORM:
IuV`-~
TIMO HY J. CA ,CITY ATTORNEY
OFFICIAL CERTIFICATION
I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San
Luis Obispo, State of California, do hereby certify under penalty of perjury, that
the attached is a true, full, and correct copy of Ordinance No. 586 which was
introduced at a regular meeting of the City Council on March 27"', 2007; was
passed and adopted at a regular meeting of the City Council/Redevelopment
Agency of the City of Arroyo Grande on the 10"' day of April 2007; and was duly
published in accordance with State law (G.C. 40806). ,
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 16~'
day of April 2007.
KELLY ET RE, CITY CLERK