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O 559 ORDINANCE NO. 559 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADDING SECTION 10.08.060 TO CHAPTER 10.08 OF TITLE 10 OF THE ARROYO GRANDE MUNICIPAL CODe ENTITLED "PROHIBITION OF SOLICITATION AT ENTRANCES TO COMMERCIAL PARKING AREAS AND UPON PUBLIC RIGHT OF WAY AREAS" WHEREAS, it is the responsibility of the City of Arroyo Grande to facilitate the safe and orderly flow of traffic within the City; and WHEREAS, those individuals who solicit or beg for monies, goods or services at entrances or driveways to commercial establishments or shopping centers, or at intersections or on right-of- ways of City streets and highways, disrupt the safe and orderly flow of traffic, causing undue traffic congestion, traffic collisions and related disturbances. 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 and correct SECTION 2: Arroyo Grande Municipal Code Section 10.08.060 is added to Chapter 10.08 as follows: 10.08.060. Prohibition of Solicitation at Entrances to Commercial Parking Areas and Upon Public Right of Way Areas In order to promote the safe and orderly flow of traffic, no person may solicit or beg for any monies, goods or services, including offering any services in exchange for monies, goods or services, while located: 1. Within 150 feet of any entrance to or driveway within any commercial establishment or shopping center; or 2. Within 150 feet of any intersection of City streets, including intersections of City streets and state highways or state highway on or off ramps; or 3. On any median in any City street; or 4. On the roadway of any City street, including approaching and/or attempting to interfere with the movement of any occupied vehicle while such vehicle is being operated on any City street. This Section shall not apply to a non-profit organization conducting a fundraising activity 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. ORDINANCE NO. 559 PAGE 2 SECTION 3: If any section, subsection, subdivision, paragraph, sentence, or clause of this Ordinance or any part thereof is for any reason held to be unlawful, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, or clause thereof, irrespective of the fact that anyone or more section, subsection, subdivision, paragraph, sentence, or clause be declared unconstitutional. SECTION 4: .Within fifteen (15) days after adoption of the Ordinance, it shall be published once, together with the names of the Council Members voting thereon, in a newspaper of general circulation within the City. SECTION 5: This Ordinance shall take effect and be in full force and effect thirty (30) days after its passage. On motion of Council Member Runels, seconded by Council Member Costello, and on the following roll call vote, to wit: AYES: Council Members Runels, Costello, Dickens and Mayor Ferrara NOES: None ABSENT: Council Member Lubin the foregoing Ordinance was passed and adopted this 23rd day of November, 2004. ---'......- ORDINANCE NO. 559 PAGE 3 ~ TONY M. RA, MAYOR A TIEST: / / ilflJtuO/'-L- j,.; MO E, DIRECTOR OF ADMINISTRATIVE SERVICES! DEPUTY CITY CLERK APPROVED AS TO CONTENT: A. ~N ADA~ CITY MANAGER APPROVED AS TO FORM: _.._~-- -------- OFFICIAL CERTIFICATION I, KELL Y WETMORE, Director of Administrative Services/Deputy 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. 559 which was introduced at a regular meeting of the City Council on November 9, 2004; was passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 23rd day of November, 2004; 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 24th day of November, 2004. ~ tl Lie ~ttlD/0L-. L//! 1. RE, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK ----- -----~~.._-_.__..- _.-- ---'--