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HomeMy WebLinkAboutOrd 1998-2739-AORDINANCE NO. 2739-A AN ORDINANCE ADDING, AS AN EMERGENCY MEASURE, SECTIONS 5.40.050 AND 5.40.060 TO THE CITY OF CHULA VISTA MUNICIPAL CODE RELATING TO THE PROHIBITION OF SOLICITING AND PEDDLING IN CERTAIN AREAS AND PROHIBITING THE SELLING OF TICKETS OP ADMISSION TO PLACES OF PUBLIC ASSEMBLAGE IN PUBLIC PLACES AND PLACES DPEN TO THE PUBLIC The City Council of the City of Chula Vista does ordain as follows: SECTION h Section 5.40.050 and Section 5.40.060 are hereby added to Chapter 5.40 of the Chula Vista Municipal Code to read as follows: 5.40.050 Soliciting, Peddling Prohibited in Certain Areas Notwithstanding any of the provisions of this Chapter, it shall be unlawful for any person, either as principal or agent, to solicit, peddle, hawk or sell or vend any goods, wares, or merchandise, services, magazines, periodicals or other publications, or subscriptions for the same, regularly published newspapers excepted, or offer to, or distribute to any person any coupon, certificate, ticket or card which is redeemable in goods, wares, merchandise, or services upon any street, sidewalk, alley, plaza or in any park or public place with the following limits of the City of Chula Vista: Any public area within a three (3) mile radius of the intersections of Heritage Road and Otay Valley Road in the City of Chula Vista. 5.40.060. Selling of Tickets of Admission to Places of Public Assemblage in Public Places and Places Open to the Public Prohibited - Exceptions It is the purpose and intent of this ordinance to for profit of admission tickets to places of including, but not limited to, stadiums, amphitheaters. prohibit the unauthorized sale or resale public amusement or entertainment auditoriums, theaters, arenas and No person shall sell or resell for profit or offer to sell or resell for profit any ticket of admission to a place of public assemblage in or upon any public street sidewalk, park, or other public place or in or upon any place which is open to the public, except as otherwise provided herein. The provisions of paragraph B of this section shall not include or apply to the sale of such tickets at or from any ticket office, booth, or other similar place regularly and permanently established and maintain therefor with the express permission and authorization of the person or governmental agency in charge, care, or control or the property where such office, booth or place is located. D. For purposes of this section the following words and phrases are defined as follows: "Place of Public Assemblage" shall mean every place of public amusement or entertainment, stadium, auditorium, theater, athletic field, concert hall, arena Ordinance 2739-A Page 2 or amphitheater which is open to the public upon compliance with requirements for admission thereto. "Place Open to the Public" shall mean every place of public amusement or entertainment, stadium, auditorium, theater, athletic field, concert hall, arena or amphitheater and the property upon which such place is located or any other property contiguous thereto which is under the same care, management, or control. 3. "For Profit" shall mean for a price higher than the face value of the ticket. SECTION Ih Urgency Findings: The City Council does hereby declare that this ordinance is necessary as an emergency measure in order to preserve the public peace, health, safety, and general welfare. The reasons for such urgency are as follows: the Universal Amphitheater will open with a concert on July 21,1998 for which tickets of admission will be sold. Prohibiting the sales of tickets of admission for profit and peddling or vending in the three (3) mile radius of the intersections of Heritage Road and Otay Valley Road will ensure that traffic stoppages and congestion are minimal to protect the public safety. The immediate enactment of the ordinance will provide police officers with the ability to enforce the ordinance commencing with the amphitheater's first public event on July 21,1998. SECTION Ill: Effective Date. Pursuant to the provisions of Charter Section 311 (d) and 312(d)(4), this ordinance shall take effect and be in full force immediately upon the introduction and adoption hereof if passed by at least four (4) affirmative votes of the City Council as an urgency measure. Presented by ) Chief of Police Approved as to form by ny, Ordinance 2739-A Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 14th day of July, 1998, by the following vote: AYES: NAYES: ABSENT: Councilmembers: Councilmembers: Councilmembers: Moot, Padilia, Rindone, Salas and Horton None None ABSTAIN: Councilmembers: None ATTEST: ~uthelet, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY QF CHULA VISTA I, Beverly A. Authelet, City Clerk of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 2739-A was introduced and approved as an urgency measure at a regular meeting of the Chula Vista City Council held on the 14th of July, 1998. Executed this 14th day of July, 1998.