Camarillo Municipal Code Ch. 9.40 Solicitation of Contributions in Public Rights-of-Way and Commercial…

The purpose of this chapter is to regulate the place and manner of the solicitation of contributions in certain public rights-of-way and commercial parking areas. These regulations are not intended to restrict the right of free speech, but to ensure the protection of the public health, safety and general welfare while providing alternative channels of communication and locations for the solicitation of contributions. All administrative and enforcement interpretations and discretion is to be exercised consistent with the purposes and intent stated in this section.

(Ord. 978 § 2 (part), 2005.)

"Commercial parking area" means all private property comprising the off-street parking area on property zoned commercial or industrial that is generally held open for the use of the public for the purposes of vehicular parking under Section 11.36.010(B) of this code, including but not limited to setbacks and portions that are landscaped.

"Enter" means to stand in, or place any part of one's body, or extend an object into the area of a public right-of way.

"Public right-of-way" means the area dedicated to public use for street purposes, including the privately owned and maintained roads within the city that are generally held open to the public for the purposes of vehicular traffic under Section 11.36.010(A) of this code, and includes, but is not limited to, medians, streets, driveways, roadways, parkways, alleys, and other public vehicular ways. It does not include sidewalks and other nonvehicular ways.

"Responsible person" means the owner or person in lawful possession of a commercial parking area.

"Solicit" means any action or gesture which induces another person to reasonably believe that a contribution of any kind is being sought, whether or not an actual contribution is received.

"Traveling along a public right-of-way" means a vehicle being operated on a public right-of-way, excluding vehicles lawfully parked at the edge of street or in a designated parking space or area.

"Vehicle" means a vehicle as defined in California Vehicle Code Section 670, as such section may be amended from time to time.

(Ord. 978 § 2 (part), 2005.)

No person may enter into a public right-of-way to solicit a contribution of any kind from any person in a vehicle that is traveling along a public right-of-way.

(Ord. 978 § 2 (part), 2005.)

A. No person may solicit contributions of any kind from a location within a commercial parking area other than an area designated for such solicitation, if any, by the responsible person where notice of such prohibition has been posted in the manner set forth in subsection B of this section.

B. This section only applies to commercial parking areas where, as applicable, the responsible person has caused to be posted in a conspicuous place at one or more entrances to such commercial parking area a notice not less than eighteen by twenty-four inches in size with lettering not less than one inch in height and not to exceed, in total area, six square feet in per sign face. The content of such notice must be in substantially the following form:

"IT IS UNLAWFUL TO ENGAGE IN THE SOLICITATION OF CONTRIBUTIONS IN AREAS OF THIS PARKING LOT WHICH ARE NOT APPROVED FOR SUCH ACTIVITY BY THE OWNER OR OCCUPANT OF THE PROPERTY. VIOLATORS WILL BE CITED AND FINED."

(Ord. 978 § 2 (part), 2005.)

(Ord. No. 1062, § 2, 5-11-2011)

Any person violating the provisions of this chapter will be guilty of a misdemeanor, punishable as set forth in this code. Any such person will be deemed guilty of a separate offense for each and every act of solicitation that is a violation of this chapter.

(Ord. 978 § 2 (part), 2005.)