Chapter 10.72
VEHICLE SOLICITATION
Sections:
10.72.020 Prohibition of solicitation in public right-of-way.
10.72.030 Prohibition of solicitation in unauthorized locations within commercial parking areas.
10.72.010 Definitions.
For the purposes of LEMC 10.72.020 and 10.72.030, the following meanings shall apply:
“Employment” shall mean and include 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” shall mean and include any request, offer, enticement, or action which announces the availability for or of employment, the sale of goods, or other request for funds, 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 takes place. [Ord. 983 § 1, 1994].
10.72.020 Prohibition of solicitation in public right-of-way.
A. 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. It shall be unlawful for any person, while the 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 or driveway. [Ord. 983 § 1, 1994].
10.72.030 Prohibition of solicitation in unauthorized locations 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 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 area(s) 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;
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.
[Ord. 983 § 1, 1994].