Chapter 4.16
SOLICITATION OF VEHICLE OCCUPANTS
Sections:
4.16.010 Solicitation prohibited.
4.16.010 Solicitation prohibited.
A. It is unlawful for any person to be upon or go upon the roadway of any public street and solicit or attempt to solicit employment, business, or charitable contributions or alms from the occupant of any vehicle which is in transit upon a public street, regardless of whether such vehicle is moving or temporarily stopped in traffic.
B. It is unlawful for any person to be upon or go upon the roadway or any public street and engage in any business with, or accept any charitable contribution or alms from, the occupant of any vehicle which is in transit upon a public street, regardless of whether such vehicle is moving or temporarily stopped in traffic.
C. Nothing contained in this section shall prohibit solicitations of employment, business or charitable contributions or alms from or by the occupants of any vehicle which either is lawfully parked upon a public street, or which is not upon a public street, at the time of such solicitation.
The words, terms and phrases used in this chapter shall have the following meanings:
“Business” means any sale of or offer to sell, or purchase of or offer to purchase, any product, commodity, item or service of any kind or nature.
“Charitable contributions or alms” means the obtaining of an immediate donation of money or other thing of value, whether for personal use, or as a contribution to a charitable organization, or for any other purpose.
“Roadway” means that area within any public street right-of-way which is designed, improved or ordinarily used for vehicular traffic and traffic related improvements, including without limitation any median islands, traffic divider areas, bicycle lanes, safety zones, crosswalks and curbs.
“Solicit or attempt to solicit” means and includes any act of requesting, offering or announcing by any means including, without limitation, any oral or written communication or gesture.
“Street” means and includes any public street, highway or alley within the city of Aliso Viejo.
“Vehicle” means as defined in California Vehicle Code Section 670 or any successor provision thereto. [Ord. 2015-169 § 2].
Cross-reference: definitions generally, AVMC 1.02.010.
4.16.030 Exemptions.
A. This chapter shall not apply to or prohibit:
1. Any acts prohibited by California Vehicle Code Section 22520.5 or any acts otherwise prohibited or preempted by any other provision of state law.
2. Any act of soliciting or attempting to solicit an occupant of a vehicle by another occupant of the same vehicle.
3. Any act of soliciting or attempting to solicit transportation upon or within a vehicle which act is engaged in between the driver or other occupant of such vehicle and any other person.
4. Any act of soliciting or attempting to solicit contributions or alms by a bona fide charity or nonprofit corporation, organization or association.
B. Any qualified charitable or nonprofit corporation, organization or association as set forth in subsection (A)(4) of this section shall obtain a certificate of exemption from the Aliso Viejo city manager or his designee. Such certificate shall be issued within 72 hours following the submittal of a written application therefor provided such application and the proposed solicitation conform to the following requirements:
1. That the applicant submits proof that it is qualified by the Internal Revenue Service as a charitable or nonprofit corporation, organization or association exempt from taxation under applicable provisions of the Internal Revenue Code.
2. That the application is accompanied by a plan for review and approval by the Aliso Viejo city manager or his designee (a) demonstrating that its solicitors will wear distinctive and highly visible attire (such as garments or devices containing reflective materials or composed of vivid and highly visible colors) for the purpose of increasing visibility of such persons to motorists; and (b) providing a plan or methodology for minimizing interference with traffic.
3. All solicitation of vehicles while engaged in transit on the public streets shall be limited to between the hours of 10:00 a.m. to 3:00 p.m.
4. All solicitations by the charitable or nonprofit corporation, organization or association pursuant to such certificate of exemption shall be limited to one day per calendar year.
5. Not more than one charitable or nonprofit corporation, organization or association shall be scheduled at the same location on the same date.
A violation of any provision of this chapter shall be punishable as an infraction as provided in California Government Code Section 36900 or any successor provision thereto. [Ord. 2015-169 § 2].