HomeMy WebLinkAboutOrdinance 1244 - Peddling and SolicitationOrdinance No. 1244
CITY OF PALM DESERT
CITY MANAGER'S OFFICE
STAFF REPORT
REQUEST: Approve Eight Ordinances Updating Various Municipal
Code Sections
SUBMITTED BY: David J. Erwin, City Attorney
DATE: September 13, 2012
CONTENTS: Technical Municipal Code Revisions
Staff from the various departments and the city attorney's office have done a
comprehensive review of the city's municipal code to identify technical, largely non -
substantive changes that (1) conform the code sections to current law; (2) conform the
code sections to current practice in the city; and (3) make the code sections internally
consistent.
The ordinance revision package on the agenda contains eight proposed ordinances, each
of which change multiple Municipal Code Sections. The eight ordinances contain
changes to code sections that deal generally with the following subject matters:
1.
2.
3.
4.
5.
6.
7.
8.
City Offices
Conduct of Council Meetings
Property Maintenance Issues
Peddling and Solicitation
Art in Public Places
Noise Control
Civil Engineering
Traffic Issues
MEETING DATE &W- �� `(
❑ C NTINUED TO
PASSED TO 2ND READING LW-A?-
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* Passed to second reading as amended to reflect
the non -substantive clerical changes as presented.
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ORDINANCE NO. 1244
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT, CALIFORNIA, AMENDING
SECTIONS 5.04.010, 5.04.100, 5.84.120 AND 5.84.130 AND
DELETING SECTIONS 5.84.020 AND 5.84.050, OF THE CODE
OF THE CITY OF
PALM DESERT, CALIFORNIA
DEALING WITH PEDDLING AND SOLICITATION
The City Council of the City of Palm Desert, California does hereby ordain as follows:
SECTION 1.
That Section 5.84.010 of the Code of the City of Palm Desert, California be and
the same is hereby amended to read as follows:
" Section 5.84.010 Purpose of Chapter — Peddling and solicitation
The city council finds and declares as follows:
A. That the distribution of commercial advertising material upon residential
property in the city creates widespread litter which is unsightly, unhealthy, and difficult to
remove;
B. That door to door solicitation of commercial or non-commercial goods or
services materials or information may intrude upon the rights of residents or the city to
enjoy the privacy of their homes and tranquility and security, and serious public offenses
have been committed by purported solicitors;
C. That such practices are injurious and inimical to the public health safety
and welfare of residents of this city
MOT
72500.00001 \7564324.1
E. That such practices should be prohibited to protect the public health,
safety, and general welfare of the residents of this city."
SECTION 2.
That Section 5.84.020 of the Code of the City of Palm Desert, California be and
the same is hereby deleted.
SECTION 3.
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That section 5.84.050 of the Code of the City of Palm Desert, California be and
the same is hereby deleted.
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MIMMIN
SECTION 4.
That section 5.84.100 of the Code of the city of Palm Desert, California be and
the same is hereby amended to read as follows:
"Section 5.84.100 Lawful solicitation — Hour limit.
In the event a person is not prohibited by the provisions of this chapter from
soliciting for the sale of goods or merchandise or delivery of other materials or articles.
any such activity or selling offering for sale or delivering any material substance of
goods shall do so only between the hours of 8 a.m. to 5 p.m Monday through Saturday
with no delivery on Sunday.
PFeteRdiRg W Sell, 9F e#eFing for sale or deMORstrating goods, wares OF MeFGhandise of
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SECTION 5.
That section 5.84.120 of the Code of the City of Palm Desert, California be and
the same is hereby amended to read as follows:
"Section 5.84.120 Peddling and soliciting in
the city.
No person, firm, corporation, association, club, partnership or any other
organization, either employing or contracting with one or more individuals for
commercially selling or offering for sale, or soliciting orders of any goods, wares,
merchandise or other commercial services at wholesale or retail, will do so without first
applying for and obtaining a permit from the city, to call upon public places within the
T7isnonrefLndable.
ual permit to solicit or peddle in public places shall be one
(::hundred the cost of investigation by police department and processing
by the " The permit shall be in addition to any other license or
permit fee required by the city."
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72500. 0000 1 \75 643 24. 1
SECTION 6.
That section 5.84.130 of the Code of the City of Palm Desert, California be and
the same is hereby amended to read as follows:
"Section 5.84.130 Application to peddle or solicit.
Applicants for a permit to solicit or peddle in public places in the ^^mmeMinl and
city must furnish to the city and police department the following
information:
A, Applicant's name including his or her description, driver's license, date of
birth and age;
B. Applicant's home address, telephone number;
C. Employer and credentials establishing the exact relationship of the
applicant to the employer;
D. A description of the goods and services offered;
E. A recent two-inch by two-inch photograph of the applicant showing the
head and shoulders;
F. Fingerprints of the applicant to be scheduled with the policy department.
G. A statement as to whether or not the applicant has been convicted of any
crime, misdemeanor violation of any municipal ordinance of this or any other city and
the nature of the offense and the punishment or penalty assessed therefore ex ludin
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traffic offenses)."
SECTION 7.
The City Clerk of the City of Palm Desert, California, is hereby directed to publish
this ordinance in the Desert Sun, a newspaper of general circulation, published and
circulated in the City of Palm Desert, California, and shall be in full force and effective
thirty (30) days after its adoption.
PASSED, APPROVED AND ADOPTED by the Palm Desert City Council this day
of , 2012, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ROBERT A. SPIEGEL, Mayor
ATTEST:
RACHELLE D. KLASSEN, City Clerk
City of Palm Desert, California
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