Azusa Municipal Code Art. IX Solicitation of Employment on Streets and Private Parking Areas

The purpose of this article is to regulate the conduct of persons engaging in the solicitation of employment and/or business from pedestrians and occupants of vehicles in public rights-of-way and private parking areas. These regulations are not intended to restrict the right of free speech or restrict alternative channels of communications, but rather are intended to ensure vehicle and pedestrian safety and promote the free flow of traffic along city streets and parking areas.

(Ord. No. 00-010, § 1, 6-14-00)

For purposes of this article, the following definitions shall apply:

Business shall mean and include any type of product, goods, 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 shall mean and include services, industry or labor performed by a person for wages or other compensation or under any contract of hire written or oral, expressed or implied.

Occupant shall mean a person who occupies a vehicle.

Solicit shall mean and include 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, "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.

Vehicle shall mean a vehicle as defined in Section 670 of the California Vehicle Code, as that section may be amended from time to time.

(Ord. No. 00-010, § 1, 6-14-00)

Editor's note— Ord. No. 12-O4, § 2, adopted July 2, 2012, repealed § 62-302, which pertained to prohibition of solicitation in public right-of-way. Section 3 of said ordinance reserved § 62-302 for future use. See also the Code Comparative Table.

(a) No person shall solicit employment, business or contributions of money or other property from a location within a commercial or industrial 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 or industrial parking area" shall mean privately owned property which is designed or used, in whole or in part, for the parking of vehicles and which adjoins one or more commercial or industrial establishments.

(c) This section only applies to commercial industrial parking areas where the owner or person in lawful possession of the commercial or industrial parking area has caused a notice to be posted in a conspicuous place at each entrance to such commercial or industrial parking area not less than 18 inches 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 or money or other property in areas of this parking lot which are not approved for such activity by the property owner."

(d) Nothing herein shall require a private property owner to permit solicitation at their premises.

(Ord. No. 00-010, § 1, 6-14-00)

Violations of section 62-303 are hereby deemed to be a misdemeanor and punishable in according to the provisions of section 1-10 of this Code. Alternatively, the city may issue an administrative fine or penalty to any person in violation of the provisions of this article.

(Ord. No. 00-010, § 1, 6-14-00; Ord. 12-O4, § 4, 7-2-12)