Chapter 10.55
SOLICITATION ON
STREET OR RIGHT-OF-WAY OR WITHIN COMMERCIAL PARKING AREA
Sections:
10.55.030 Solicitation on street or right-of-way.
10.55.040 Solicitation within commercial parking areas.
Cross references: Streets, sidewalks, and other public places, Title 12.
10.55.010 Findings.
The City Council finds:
(1) The activity of soliciting employment, business or contributions from occupants of vehicles distracts drivers from their primary duty to watch traffic and potential hazards in the road, including pedestrians, observe all traffic control signals or warnings and prepare to move through the city’s streets and intersections.
(2) The practice of soliciting employment, business or contributions from occupants of vehicles impedes the flow of traffic on the streets within the city, results in the delay and obstruction of the public’s free flow of travel, and results in congestion and blockage of the streets, driveways to parking areas, and sidewalks when such persons approach the vehicles to negotiate with the occupants.
(3) Distracted drivers are more prone to automobile accidents, and accidents on the public streets constitute a substantial traffic safety problem which problem further impedes and prevents the orderly flow of traffic, and is unsafe for the person engaging in the solicitation, pedestrian traffic, and the traffic generally.
(4) The cumulative impact of this type of activity on the city’s streets, highways and sidewalks on a daily basis has created a potential safety hazard, which poses a significant and substantial risk to the interest of the public in the free flow of travel in the city.
(5) Large numbers of motorists tend to frequent areas within the city on a daily basis to solicit persons to perform work. Said solicitation is done while the motorist keeps his vehicle in motion.
(6) The activity of a motorist soliciting persons along the streets distracts said motorist from his primary duty to watch for traffic and potential hazards in the road, to watch for pedestrians, to observe all traffic control signals or warnings and to drive safely at all times.
(7) The practice of motorists soliciting pedestrians from moving vehicles impedes the flow of traffic, creates an obstruction in the travel lanes, and results in congestion of streets when such motorists slow their vehicles to solicit the services of such pedestrians.
(8) A motorist causes his own distraction when attempting to maneuver his vehicle while, at the same time, said motorist attempts to negotiate a verbal employment contract or other solicitation request. Such driving behavior constitutes a substantial traffic safety hazard.
(Code 1965, § 3280; Code 2002, § 106-561. Ord. No. 95-7)
10.55.020 Definitions.
For the purposes of sections 10.55.020 through 10.55.040, the following meanings shall apply:
Business. Any type of product, good, service, performance or activity which is provided or performed, or offered to be provided or performed, in exchange for money, labor, goods or any other form of consideration.
Employment. Services, industry or labor performed by a person for wages or other compensation or under any contract of hire, written, oral, express or implied.
Solicit. 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 seeks to purchase or secure goods or employment, or to make a contribution of money or other property. As defined herein, 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.
(Code 1965, § 3281; Code 2002, § 106-562. Ord. No. 95-7)
Cross references: Definitions generally, § 1.05.100.
10.55.030 Solicitation on street or right-of-way.
(a) Solicitation by pedestrians. It shall be unlawful for any person, while standing in any portion of the public right-of-way, including but not limited to public streets, highways, sidewalks and driveways, to solicit, or attempt to solicit, employment, business or contributions of money or other property from any person traveling in a vehicle along a public right-of-way, including but not limited to public streets, highways or driveways.
(b) Solicitation by driver or occupant of vehicle. It shall be unlawful for any person, while the driver or other occupant of any vehicle, to solicit, or attempt to solicit, employment, business or contributions of money or other property from a person who is within the public right-of-way, including but not limited to a public street, highway, sidewalk or driveway.
(Code 1965, § 3282; Code 2002, § 106-563. Ord. No. 95-7)
10.55.040 Solicitation within commercial parking areas.
(a) No person shall solicit or attempt to solicit employment, business or contributions of money or other property from a location within a commercial parking area other than an area within or served by such parking area which is authorized by the property owner or the property owner’s authorized representative for such solicitations. This section shall not apply to a solicitation to perform employment or business for the owner or lawful tenants of the subject premises.
(b) For purposes of this section “commercial parking area” shall mean privately owned property which is designed or used primarily for the parking of vehicles and which adjoins one or more commercial establishments.
(c) This section shall only apply to commercial parking areas where the following occurs:
(1) The owner or person in lawful possession of the commercial parking area establishes a written policy which provides areas for the lawful solicitation of employment, business, or contributions of money or other property, in locations which are accessible to the public and do not interfere with normal business operations of the commercial premises; and
(2) A copy of said policy is submitted to the City Manager to be maintained in city files; and
(3) The owner or person in lawful possession of the commercial parking area has caused a notice to be posted in a conspicuous place at each entrance to such commercial parking area not less than 18 by 24 inches in size with lettering not less than one inch in height and not to exceed in total area, six square feet. The notice shall be in substantially the following form:
It is a misdemeanor to engage in the solicitation of employment, business or contributions of money or other property in areas of this commercial parking lot which are not approved for such activity by the property owner.
(4) This section shall not be construed to permit outdoor vending of commercial goods and services without complying with vendor regulations contained in chapter 12.50, of this Code.
(5) This section shall not be construed to permit land uses that are otherwise regulated or prohibited pursuant to Title 18 of this Code.
(Code 1965, § 3283; Code 2002, § 106-564. Ord. No. 95-7)
10.55.050 Violations.
A violation of this article is a misdemeanor punishable by section 1.05.230 of this Code.
(Code 1965, § 3284; Code 2002, § 106-565. Ord. No. 95-7)
10.55.060 Severability.
If any section, subsection, sentence, clause, phrase or portion of this article is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this article. The City Council hereby declares that it would have adopted this article and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions may be declared invalid or unconstitutional.
(Code 1965, § 3285; Code 2002, § 106-566. Ord. No. 95-7)