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ORDINANCE NO<L;'''''I~
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
ORDINANCE NO. 763 ENTITLED IN PART "AN ORDINANCE PROVIDING FOR
THE LICENSING OF BUSINESSES. . ."_; PROHIBITING SOLICITING, SELL-
ING, ADVERTISING, AND BEGGING UPON SIDEWALKS ADJACENT TO
'CONGESTED STREETS'; AND REPEAtlNC ORDIN~G~ NO. 2053.
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WHEREAS, the Mayor and Common Council of the City of
San Bernardino find and determine:
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That the traffic upon sidewalks adjacent to or a
part of certain congested streets as herein defined has
increased and become a serious problem affecting the public
peace, safety, convenience, comfort and welfare; and that the
use of said sidewalks by solicitors, peddlers, beggars and
persons advertising events or the sale of personal property is
causing a serious hazard to street and sidewalk traffic,
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NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS;
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SECTION ONE. Ordinance No. 763, Section Sixty-Six-A
is hereby amended to read as follows:
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SECTION SIXTY-SIX-A: SOLICITING - SELLING -
ADVERTISING - BEGGING.
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A. SOLICITING. No person shall solicit to street
or sidewalk traffic, by any means, the sale of any tangible
personal property or the employment of any services or facili-
ties upon any sidewalk or parkway adjacent to or a part of any
of the congested streets as herein defined.
B. SELLING. No person shall sell to street or
sidewalk traffic any tangible personal property or any services
or facilities upon any sidewalk or parkway adjacent to or a
part of any of the congested streets as herein defined.
C. ADVERTISING. No person shall have, bear, wear or
carry upon any sidewalk or parkway adjacent to or a part of allY
congested streets as herein defined any advertising banner,
flag, board, sign, transparency, wearing apparel or other
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device, any of which has an area greater than fourteen square
inches, commanding, publishing, announcing, or calling
attention to any goods, wares, merchandise, or commodities, or
to any place of business, occupation, show, exhibition, entertain-
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ment, or event.
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D. BEGGING. No person shall beg, ask for, solicit,
7 or receive alms for his own benefit upon any sidewalk or
8 parkway adjacent to or a part of any congested street as
9 herein defined.
E. "CONGESTED STREETS" within the meaning of this
11 ordinance are described as follows:
12 "E" STREET between RIALTO AVENUE and THIRTEENTH
13 STREET.
14 THIRD STREET, FOURTH STREET, FIFTH STREET, AND COURT
15 STREET between ARROWHEAD AVENUE and "G" STREET.
16 BASE LINE STREET between "D" STREET and "G" STREET.
17 HIGHLAND AVENUE between WATERMAN AVENUE and "G"
18 STREET.
19 "D" STREET between SECOND STREET and SIXTH STREET.
20 MT. VERNON AVENUE between RIALTO AVENUE and EIGHTH
21 STREET.
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SECTION TWO. All ordinances or parts or sections of
23 ordinances in conflict herewith are hereby r~pealed.
SECTION THREE: Ordinance No. 2053 is hereby
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SECTION FOUR: That if any section, sub-section,
27 sentence, clause or phrase of this Ordinance is for any reason
~ held to be unconstitutional, such decision shall not affect
29 the validity of the remaining portions of this Ordinance. The
30 Mayor and Common Council hereby declare that they would have
31 adopted this Ordinance and each section, sub-section, sentence
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clause and phrase thereof, irrespective of the fact that any
one or more of the other sections, sub-sections, sentences,
clauses and phrases thereof be declared unconstitutional.
SECTION FIVE: The provisions of this Ordinance shall
not be applicable to veterans who are physically unable to
obtain a livelihood by manual labor and are entitled to the
exemption of Section 16001 of the Business and Professions Code,
bona fide non-profit religious and charitable organizations
engaging in lawful and authorized religious and charitable
activities, persOfts and organizations engaging in the lawful
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distribution or dissemination of literature or otherwise
engaging in their exercise of freedom of speech or press and
persons or organizations exempted here from by Section 115 or
other provision of law.
SECTION SIX: Because of the recitals and determina-
tions set forth in the Whereas clause of this Ordinance and
because of the immediate hazard to street and sidewalk traffic
that is caused thereby and that will be increased due to certain
public events to occur in the near future, this Ordinance is
necessary to safeguard the public health, safety, and welfare and
shall take effect immediately after its adoption, approval, and
publication.
I HEREBY CERTIFY that the foregoing Ordinance was
duly adopted by the Mayor and Common Council of the City of
San Bernardino at a k ~c6~,.. meeting thereof held on
the ~7d d~ of r-/f , 1961, by the
following vote, t~it:. ~ '-/J ~ '
AYES:f:d.tht./2(: 4~~ ~ ~~! ~
NOES: ~~~ AB NT:ft-hf-LA
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The foregoing Ordinance is hereby approved this
/ ?d day of 7ALl , 1961.
Approved as to form:
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y t'torney
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