20060523

ORDINANCE NO._______________

BOARD OF SUPERVISORS, COUNTY OF SAN MATEO,

STATE OF CALIFORNIA

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AN ORDINANCE ADDING CHAPTER 7.110 CONSISTING OF SECTIONS 7.110.010 TO 7.110.040 TO TITLE 7 OF THE SAN MATEO COUNTY ORDINANCE CODE REGULATING SOLICITATION IN ROADWAYS AND ADDING CHAPTER 3.82 CONSISTING OF 3.82.010 TO 3.82.030 TO TITLE 3 PROHIBITING TRESPASSING ON PRIVATE PROPERTY

WHEREAS, this Boards finds that:

(1)

Large groups of persons congregate on portions of certain roadways and their adjacent tributary streets in unincorporated areas of the County of San Mateo, on a daily basis in order to solicit employment from the occupants of vehicles traveling on roadways; and

(2)

Persons wanting to interact with the employment solicitors are attracted to this location, causing hazardous situations as they traverse the roads in order to interact with the solicitors; and

(3)

The activity of soliciting from occupants of moving vehicles distracts drivers from their primary duties to watch traffic, bicyclists, pedestrians and potential hazards in the road, to observe all traffic control signals or warnings and to prepare to move with the flow of traffic through the County of San Mateo’s streets and intersections; and

(4)

The practice of congregating in order to solicit from occupants of these vehicles serves to attract additional vehicles to an area which already suffers from traffic congestion without providing any means of mitigating the traffic impact; and

(5)

Persons will dart into the roadway to solicit employment, creating a safety hazard to themselves and the motoring public; and

(6)

The orderly flow of motorized traffic is a major concern; and

(7)

Distracted drivers are more prone to automobile accidents and act in a manner that is unsafe for the person engaging in the solicitation, bicycle and pedestrian traffic, and the traffic generally; and

(8)

The on-going congregation of solicitors makes it difficult for pedestrians to pass and to access local businesses, effecting the economic well-being of the business and the community; and

(9)

The County of San Mateo has provided for a worker resource center for persons to solicit employment and business and that the center serves as an alternative means to express protected speech; and

(10)

Actions that request that vehicles stop in areas that have been designated as “no stopping” zones presents traffic and pedestrian safety hazards.

The Board of Supervisors of the County of San Mateo, State of California, ORDAINS as follows

SECTION 1. Chapter 7.110, Sections 7.110.010 to 7.110.040, is hereby added to Title 4 of the San Mateo County Ordinance Code and shall read as follows:

Chapter 7.110 ROADWAY SOLICITATION

SECTION 7.110.010 PURPOSE

The purpose of this ordinance is to address the adverse effects caused by persons congregating along busy county streets to solicit work. This activity has brought increased traffic to already congested areas, causes drivers along these streets to be distracted and results in vehicles making unsafe stops so the vehicle driver or occupant can discuss employment with workers. Workers will dart out into the roadway to solicit employment, creating a safety hazard to themselves and the motoring public. The prohibitions enacted in this Chapter are intended to eliminate these safety hazards.

SECTION 7.110.020 DEFINITIONS

(a)

“Employment” means services, industry, or labor performed by a person for wages, a fixed sum, or other compensation or thing of value, or under any contract or hire, written, oral, express, or implied.

(b)

“Roadway” means that portion of the public right-of-way designed and ordinarily used for motor vehicle travel. “Roadway“ does not include sidewalks, curbs, driveways, medians, or other areas adjacent to public streets.

(c)

“Public right-of-way” means public streets, highways, roadways, and sidewalks including driveways.

(d)

“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 shows intent or desire 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 person. 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.

SECTION 7.110.030 SOLICITATION PROHIBITED IN ROADWAYS

(a)

It shall be unlawful for any person, whether driver or passenger, occupying any illegally parked vehicle in a roadway or a vehicle traveling within any roadway to solicit or attempt to solicit any person standing, sitting, walking or riding any non-motorized conveyance, within the pubic right-of-way.

(b)

It shall be unlawful for any person to solicit the driver or occupant of an illegally parked vehicle or a vehicle traveling within any roadway when the person making such solicitation is within the roadway.

SECTION 7.110.040 INFRACTION

Any person who violates the provisions of this chapter is guilty of an infraction punishable by a fine set forth in Government Code §25132 and any amendments thereto.

SECTION 2. Chapter 3.82, Sections 3.82.010 to 3.82.030, is hereby added to Title 3 of the San Mateo County Ordinance Code and shall read as follows:

Chapter 3.82 TRESPASSING ON PRIVATE PROPERTY

SECTION 3.82.010 DEFINITIONS

(a)

“Posted Property” means any property at each corner of which, at each entrance to which, a sign is posted three feet above the normal ground level, and said sign is composed of wood, metal or other equally substantial material, the face of which is not less than one square foot in area, and upon which, in legible letters not less than two inches in height, appear the words, "PRIVATE PROPERTY--NO TRESPASS." In addition to the words "PRIVATE PROPERTY--NO TRESPASS," the sign may contain such other words as may be desired, indicating that trespassers are subject to prosecution. Where the area of such property exceeds one acre, the signs shall be posted at intervals of not more than three hundred feet along or near the boundaries thereof.

SECTION 3.82.020 TRESPASSES UPON PRIVATE PROPERTY PROHIBITED.

(a)

No person shall remain upon any private property or business premises, after being notified by the owner, owner's agent, lessee or by a peace officer acting at the request of the owner or owner's agent to remove therefrom.

(1)

For purposes of this section a lessee includes a tenant in lawful possession of real property.

(2)

The owner or the owner's agent may make a single written request for a peace officer's assistance when the peace officer's assistance in dealing with a trespass is requested. However, such single written request shall cover a period of time of one year and may identify specific dates and times. During such dates and times, a peace officer may act to remove a trespasser as set forth herein without the necessity of the owner or the owner's agent making a separate request on each occasion when the peace officer's assistance in dealing with a trespass is requested. During such dates and times, a peace officer may act to remove a trespasser as set forth herein without the necessity of the owner or the owner's agent making a separate request on each occasion when the peace officer's assistance in dealing with a trespass is requested.

(b)

No person, without permission, expressed or implied, from the owner, owner's agent or lessee, shall enter upon such private property or business premises after having been notified by the owner, owner's agent or lessee to keep off or keep away therefrom.

(c)

No person shall enter or remain upon posted property without the permission, expressed or implied, of the owner, owner's agent, tenant or lessee of such posted property or premises.

SECTION 3.82.030 INFRACTION

Any person who violates the provisions of this chapter is guilty of an infraction punishable by a fine set forth in Government Code §25132 and any amendments thereto.

SECTION 3. This Ordinance shall be effective July 1, 2006.

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ORDINANCE NO._______________ BOARD OF SUPERVISORS, COUNTY OF SAN MATEO, STATE OF CALIFORNIA
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AN ORDINANCE ADDING CHAPTER 7.110 CONSISTING OF SECTIONS 7.110.010 TO 7.110.040 TO TITLE 7 OF THE SAN MATEO COUNTY ORDINANCE CODE REGULATING SOLICITATION IN ROADWAYS AND ADDING CHAPTER 3.82 CONSISTING OF 3.82.010 TO 3.82.030 TO TITLE 3 PROHIBITING TRESPASSING ON PRIVATE PROPERTY

WHEREAS, this Boards finds that:

		(1)		Large groups of persons congregate on portions of certain roadways and their adjacent tributary streets in unincorporated areas of the County of San Mateo, on a daily basis in order to solicit employment from the occupants of vehicles traveling on roadways; and

		(2)		Persons wanting to interact with the employment solicitors are attracted to this location, causing hazardous situations as they traverse the roads in order to interact with the solicitors; and

		(3)		The activity of soliciting from occupants of moving vehicles distracts drivers from their primary duties to watch traffic, bicyclists, pedestrians and potential hazards in the road, to observe all traffic control signals or warnings and to prepare to move with the flow of traffic through the County of San Mateo’s streets and intersections; and

		(4)		The practice of congregating in order to solicit from occupants of these vehicles serves to attract additional vehicles to an area which already suffers from traffic congestion without providing any means of mitigating the traffic impact; and

		(5)		Persons will dart into the roadway to solicit employment, creating a safety hazard to themselves and the motoring public; and

		(6)		The orderly flow of motorized traffic is a major concern; and

		(7)		Distracted drivers are more prone to automobile accidents and act in a manner that is unsafe for the person engaging in the solicitation, bicycle and pedestrian traffic, and the traffic generally; and

		(8)		The on-going congregation of solicitors makes it difficult for pedestrians to pass and to access local businesses, effecting the economic well-being of the business and the community; and

		(9)		The County of San Mateo has provided for a worker resource center for persons to solicit employment and business and that the center serves as an alternative means to express protected speech; and

		(10)		Actions that request that vehicles stop in areas that have been designated as “no stopping” zones presents traffic and pedestrian safety hazards.

The Board of Supervisors of the County of San Mateo, State of California, ORDAINS as follows

SECTION 1. Chapter 7.110, Sections 7.110.010 to 7.110.040, is hereby added to Title 4 of the San Mateo County Ordinance Code and shall read as follows:

Chapter 7.110 ROADWAY SOLICITATION

SECTION 7.110.010 PURPOSE
The purpose of this ordinance is to address the adverse effects caused by persons congregating along busy county streets to solicit work. This activity has brought increased traffic to already congested areas, causes drivers along these streets to be distracted and results in vehicles making unsafe stops so the vehicle driver or occupant can discuss employment with workers. Workers will dart out into the roadway to solicit employment, creating a safety hazard to themselves and the motoring public. The prohibitions enacted in this Chapter are intended to eliminate these safety hazards.

SECTION 7.110.020 DEFINITIONS
(a)	“Employment” means services, industry, or labor performed by a person for wages, a fixed sum, or other compensation or thing of value, or under any contract or hire, written, oral, express, or implied.
(b)	“Roadway” means that portion of the public right-of-way designed and ordinarily used for motor vehicle travel. “Roadway“ does not include sidewalks, curbs, driveways, medians, or other areas adjacent to public streets.
(c)	“Public right-of-way” means public streets, highways, roadways, and sidewalks including driveways.
(d)	“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 shows intent or desire 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 person. 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.

SECTION 7.110.030 SOLICITATION PROHIBITED IN ROADWAYS
(a)	It shall be unlawful for any person, whether driver or passenger, occupying any illegally parked vehicle in a roadway or a vehicle traveling within any roadway to solicit or attempt to solicit any person standing, sitting, walking or riding any non-motorized conveyance, within the pubic right-of-way.
(b)	It shall be unlawful for any person to solicit the driver or occupant of an illegally parked vehicle or a vehicle traveling within any roadway when the person making such solicitation is within the roadway.

SECTION 7.110.040 INFRACTION
Any person who violates the provisions of this chapter is guilty of an infraction punishable by a fine set forth in Government Code §25132 and any amendments thereto.

SECTION 2. Chapter 3.82, Sections 3.82.010 to 3.82.030, is hereby added to Title 3 of the San Mateo County Ordinance Code and shall read as follows:

Chapter 3.82 TRESPASSING ON PRIVATE PROPERTY

SECTION 3.82.010 DEFINITIONS
(a)	“Posted Property” means any property at each corner of which, at each entrance to which, a sign is posted three feet above the normal ground level, and said sign is composed of wood, metal or other equally substantial material, the face of which is not less than one square foot in area, and upon which, in legible letters not less than two inches in height, appear the words, "PRIVATE PROPERTY--NO TRESPASS." In addition to the words "PRIVATE PROPERTY--NO TRESPASS," the sign may contain such other words as may be desired, indicating that trespassers are subject to prosecution. Where the area of such property exceeds one acre, the signs shall be posted at intervals of not more than three hundred feet along or near the boundaries thereof.

SECTION 3.82.020 TRESPASSES UPON PRIVATE PROPERTY PROHIBITED.
(a)			No person shall remain upon any private property or business premises, after being notified by the owner, owner's agent, lessee or by a peace officer acting at the request of the owner or owner's agent to remove therefrom.
			(1)		For purposes of this section a lessee includes a tenant in lawful possession of real property.
			(2)		The owner or the owner's agent may make a single written request for a peace officer's assistance when the peace officer's assistance in dealing with a trespass is requested. However, such single written request shall cover a period of time of one year and may identify specific dates and times. During such dates and times, a peace officer may act to remove a trespasser as set forth herein without the necessity of the owner or the owner's agent making a separate request on each occasion when the peace officer's assistance in dealing with a trespass is requested. During such dates and times, a peace officer may act to remove a trespasser as set forth herein without the necessity of the owner or the owner's agent making a separate request on each occasion when the peace officer's assistance in dealing with a trespass is requested.
(b)			No person, without permission, expressed or implied, from the owner, owner's agent or lessee, shall enter upon such private property or business premises after having been notified by the owner, owner's agent or lessee to keep off or keep away therefrom.
(c)			No person shall enter or remain upon posted property without the permission, expressed or implied, of the owner, owner's agent, tenant or lessee of such posted property or premises.

SECTION 3.82.030 INFRACTION

Any person who violates the provisions of this chapter is guilty of an infraction punishable by a fine set forth in Government Code §25132 and any amendments thereto.

SECTION 3. This Ordinance shall be effective July 1, 2006.

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