AMEND THE CITY CODE TO LIMIT THE HOURS OF

CHARITABLE SOLICITATION

Recommendation:

It is recommended that the City Council adopt Ordinance No. 98- , amending Section 5.24.140(A) of Chapter 5.24 of Title 5 of the Hermosa Beach Municipal Code regarding limitations on the hours of charitable solicitations.

Background:

Section 5.24.140(A) of the Hermosa Beach Municipal Code prohibits charitable solicitations between the hours of 7:00 PM and 9:00 AM. A group who is registered to solicit in the City recently challenged the deadline of 7:00 PM.

Analysis:

The City Attorney recommends changing the deadline from 7:00 PM to 9:00 PM because there is a substantial body of federal court decisions which strike down early evening time limitations on door-to-door soliciting. Ordinances with earlier time limits have been invalidated as unreasonable restraints on first amendment rights.

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ORDINANCE NO. 98-

THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS

Section 1 . Title 5 of Chapter 5.24 is amended by amending Section 5.24.140 (A) to read as follows:

(A) (No person shall) Solicit between the hours of nine p.m. and nine a.m.;

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