Ordinance No. 1854ORDINANCE NO. 1854
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO ADDING CHAPTER 10.80 TO THE CITY'S
MUNICIPAL ORDINANCE CODE PROHIBITING
SOLICITING ON DESIGNATED PUBLIC RIGHTS-OF-WAY
THE CITY COUNCIL OF THE CITY OF CUPERTINO HEREBY ORDAINS AS
FOLLOWS:
Section 1. Amendment
There is hereby added to the Cupertino Municipal Code Chapter 10.80 which
reads as follows:
Chapter 10.80
Solicitation Prohibitions on Designated
Public Rights-of-Way
Section 10.80.010 Definitions
For purposes of this Chapter the following words and phrases have the meanings ascribed
herein:
a) "Employment" means services, industry or labor performed by a person for wages or
other compensation or under any contract for hire, written, oral, express as implied.
b) "Solicit" means 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. Solicitation shall include participation in
discussions undertaken in response to the solicitation by another. 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) "Public Right-of-Way" means public streets, highways, and sidewalks, including
driveways.
d) "Director" means the City's Director of Public Works.
Section 10.80.020 Prohibition
A. It shall be unlawfial for any person, while standing in any portion of a public right-of-
way, in a posted no vehicle solicitation zone, to solicit, or attempt to solicit any
person traveling in a vehicle along a public right-of-way.
Ordinance No. 1854 Page
B. It shall be unlawful for any person, while the driver or occupant of any vehicle in a
public right-of-way, in a posted no vehicle solicitation zone, to solicit, or attempt to
solicit any person who is within the public right-of-way.
Section 10.80.030 No Vehicle Solicitation Zone
A. The Director may declare any public right-of-way, or portion thereof, within theCity
to be a no vehicle solicitation zone if the Director finds, based upon traffic volume,
traffic patterns and the nature of the conduct of the solicitation activity, that the
solicitation occurring in that area creates an undue hazard to public safety.
B. The prohibition set forth in Section 10.08.020 is only enforceable in any area declared
to be a no vehicle solicitation zone upon the posting of signs giving notice of the
prohibition.
Section 10.80.040 Violation - Penalty
Any person violating any of the provisions of this Chapter shall be deemed guilty of an
infraction, and upon conviction thereof shall be punishable as provided in Chapter 1.12.
Publication Clause
The City Clerk shall cause this ordinance to be published at least once in a newspaper of
general circulation published and circulated in the City within 15 days after its adoption, in
accordance with Government Code Section 36933, shall certify to the adoption of this ordinance
and shall cause this ordinance and her certification, together with proof of publication, to be
entered in the Book of Ordinances of the Council of this City.
INTRODUCED at a regular adjourned meeting of the City Council of the City of
Cupertino the 5th day of September, 2000 and ENACTED at a regular meeting of the City
Council of the City of Cupertino the 18th of September, 2000, by the following vote:
AYES: Burnett, Chang, Lowenthal, Statton
NOES: None
ABSENT: James
ABSTAIN: None
~ut9 ~i~y Clerk
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, KIMBERLY SMITH, City Clerk and ex-officio Clerk of the City
Council of the City of Cupertino, California, do hereby certify the attached
to be a tree and correct copy of Ordinance No. /~ 5.~/ , which
was enacted on . ~ /or/~h:rerO , and that it ha~,
been published or posted pursuant to law (G.C. 40806).
IN WITNESS W~REOF, I have hereunto set my hand and seal this
o-%~ day°f~z4~z7'~7~-~ '200D'-
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