Ord 2185 - Prohibit Roadway SolicitationsORDINANCE 2185
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING ARTICLES I AND IV OF CHAPTER 23 OF THE
LOS GATOS TOWN CODE TO PROHIBIT ROADWAY SOLICITATIONS
WHEREAS, the Town of Los Gatos is experiencing an increase in incidents involving persons attempting to
solicit donations from, sell objects to, or obtain work from, the occupants of motor vehicles operating on Town
roadways.
WHEREAS, the solicitation of persons occupying motor vehicles operating on Town roadways, or the
solicitation of any person by persons occupying motor vehicles operating on Town roadways, distracts drivers, disrupts
the safe and efficient flow of traffic and disturbs the peace and tranquility of the citizens of the Town and is, therefore,
harmful to the public health, safety or welfare.
WHEREAS,. the Towri Council finds. it necessary to prohibit the solicitation of persons occupying motor
vehicles operating on Town roadways, or solicitation of any person by persons occupying motor vehicles operating on
Town roadways, in order to protect the public health, safety or welfare.
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS AS FOLLOWS:
SECTION I
Article I of Chapter 23 of the Town Code is amended to delete section 23.10.010 in its entirety and replace it
with the following;
Sec. 23.10.010. Definitions.
For purposes of this chapter, the following words and phrases shall have the following meanings:
Median strip. A paved or planted strip of ground dividing a roadway into lanes according to the
direction of travel.
Parked Vehicle. Shall mean a legally parked vehicle.
Roadway. That portion of a public street normally or ordinarily used for motor vehicle travel. It shall
not include driveways, sidewalks, curbs, other areas adjacentto public streets, or other areas out ofor offofthe
public streets. It shall include any median strip and any concrete island separated from a sidewalk used as a
staging area .for pedestrians crossing an intersection.
Solicit or solicitation. Any transaction or attempted transaction involving an offer, Whether oral or
written, of goods, property or services, or a request for money, property or services. This term shall not include
the mere advertisement of goods and/or services by a motorist, where no immediate transaction is attempted.
SECTION II
Article N of Chapter 23 of the Town Code is amended to add section 23,40.010 to read as follows:
Sec. 23.40.010. Roadway solicitation prohibited.
(a) It shall be unlawful for any person traveling in any unparked vehicle to solicit, or attempt to solicit
any person.
(b) It shall be unlawful for any person while in the roadway to solicit, or attempt to solicit from the
occupants of any unpacked vehicle,
(c) This section shall not apply to activities permitted pursuant to a federal, state, or local license or
permit.
SECTION III
In the event that any part of this ordinance is held to be invalid, the invalid part or parts shall be severed from
the remaining portions which shall remain in fiill force and effect,
SECTION IV
This Ordinance takes effect 30 days after the date it is adopted.
This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on January
19, 2010, and adopted by the following vote as an Ordinance of the Town of Los Gatos at a regular meeting of the
Town Council on February 1, 2010.
COUNCIL MEMBERS:
AYES: .Joe Pirzynski, Steve Rice, Barbara Spector, Mike Wasserman, Mayor Diane McNutt
NAYS: .
ABSENT:
ABSTAIN:
SIGNED:
p i~+~ McN~ZI'
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
AT EST:
r
TOWN CLERIC OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA