City Council Minutes 1999 11 03 - Laserfiche WebLink

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ORDINANCE NO. 1311, SERIES 1999 - AN ORDINANCE OF THE CITY OF LOUISVILLE PROHIBITING SOLICITATION ON OR NEAR PUBLIC STREETS OR HIGHWAYS - 2ND READING - PUBLIC HEARING (advertised Daily Camera 10/23/99) Davidson called for City Attorney introduction. Sam Light, City Attorney, read by title only Ordinance No. 1311, Series 1999 - An Ordinance of the City of Louisville Prohibiting Solicitation on or Near Public Streets or Highways. Davidson opened the public hearing and called for staff presentation. Bill Simmons, City Administrator, explained that, if adopted, the Ordinance would prohibit solicitation to occupants in vehicles traveling on City streets. In a 1995 case, the Colorado Supreme Court held that city streets are traditional public fora that have a principal purpose devoted to the free exchange of ideas. In such a forum, a city may impose content neutral time, place and manner regulations upon speech, provided the regulations are tailored to serve a significant government interest and leave ample alternative channels of communication. He stated that the proposed Ordinance is content neutral. Therefore, it will affect equally salespersons, newspaper hawkers, and collectors of charitable contributions. The proposed Ordinance generally prohibits solicitation conducted in a travel lane, upon a median, or in an area where a driver cannot park legally. Bruce Goodman, Chief of Police, explained that this is a public safety ordinance. He stated that, regardless of the nature of the solicitation or hawking, it presents a public safety issue. He stated that the City has never seen aggressive hawking in the area but explained that anytime you allow people in the same area as traffic, there is the potential for an accident. In addition, solicitation on the street occasionally impedes traffic. Light offered a second reading amendment, which is based on a comment by the City prosecutor. He explained that on page two of the Ordinance, in sub-paragraph C, it states that it shall be unlawful for any person to solicit or attempt to solicit employment, business, or contributions of any kind from the occupant of any vehicle on any highway included in the interstate system including any entrance to or exit from such highway. He suggested changing the reference to say from the occupant of any vehicle on US Highway 36. Levihn asked whether the Ordinance excluded Highway 42. Light replied no, that is not the intention. He agreed to include Highway 42. Davidson called for anyone wishing to speak on Ordinance No. 1311, Series 1999.