Chino Municipal Code Ch. 12.12 Regulation of Solicitation in the Public Right-of-Way

The city council finds and declares that the provisions of this chapter are enacted for the following reasons:

A. Persons congregate in areas within the city on a daily basis and solicit, or attempt to solicit, employment, business or contributions from the occupants of vehicles on certain city streets; and

B. 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, observe all traffic control signals or warnings and prepare to move through the city streets and intersections;

C. The practice of soliciting employment, business or contributions from occupants of vehicles as discussed above 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, parking areas and sidewalks when such persons approach the vehicles to negotiate with the occupant;

D. Distracted drivers are more prone to automobile accidents and accidents in 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;

E. The cumulative impact of this type of activity on the city streets, highways and sidewalks on a daily basis without regulation 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;

F. Commercial parking areas within the city are for the purpose of parking, placing or stationing of a vehicle for the benefit of the public, clients, customers, members and occupants of the adjoining commercial premises;

G. The use of commercial parking areas for the solicitation of employment, business or contributions interferes with the intended use of the parking area because of the vehicle congestion in such area caused by vehicles whose occupants bargain and temporarily stop to negotiate with persons who are engaged in the solicitation;

H. Commercial parking areas have limited accessibility to inbound and outbound traffic through their driveways. The solicitation of employment, business and contributions further limits such driveway access because of the blockage and congestion of such driveways by vehicles whose occupants stop to bargain or negotiate with persons engaged in the solicitation;

I. The public has a substantial interest in promoting the health, safety and welfare of persons using commercial parking areas by prohibiting the solicitation within such parking areas when appropriately posted by the property owner(s).

(Ord. 97-02 § 1 (part), 1997.)

For the purposes of this chapter, the following meanings shall apply:

"Business" means and includes 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 forms of consideration.

"Commercial parking area" means privately owned property which is designated or used primarily for the parking of vehicles for one or more commercial establishments.

"Employment" means and includes services, industry or labor performed by a person for wages or other compensation or under any contract for hire, written, oral, express or implied.

"Solicit" or "solicitation" means and includes any action, offer or request which announces or inquires about the availability of employment, the sale or purchase of goods, or the contribution of funds or 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 consideration takes place.

(Ord. 97-02 § 1 (part), 1997.)

A. It is 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 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 is unlawful for any person, while the occupant of any vehicle, to solicit, or attempt to solicit employment, business or contributions of money or property from any person who is within the public right-of-way, including, but not limited to, a public street, highway, sidewalk or driveway.

(Ord. 97-02 § 1 (part), 1997.)

A. No person shall solicit or attempt to solicit employment, business or contributions of money or property from or within a parking area except from a location within or near such a parking area which is authorized for such solicitation by the property owner or the owner's agent.

B. This section shall only apply to parking areas under the following circumstances:

1. The owner or person in lawful possession of the parking area establishes a written policy which designates an area or areas for the solicitation of employment, business, or contributions of money or property which are accessible to the public and do not interfere with normal operations of the commercial premises;

2. A copy of said policy is submitted to the chief of police which shall be maintained by the chief of police; and

3. The owner or person in lawful possession of the parking area has caused a notice to be posted in a conspicuous place at each entrance to such parking area not less than eighteen inches by twenty-four inches in size with lettering not less than one inch in height and does not 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 this commercial parking lot which are not approved for such activity by the property owner. section 12.12.040 C.M.C.

(Ord. 97-02 § 1 (part), 1997.)

The provisions of this chapter shall not apply to solicitations conducted, managed or carried on wholly by and for the benefit of nonprofit organizations that have complied with all the following requirements:

A. The nonprofit organization has applied for and received a city permit for the solicitation activity. Such permit shall describe the activity, the location, date and times the activity will take place. The organization shall further submit satisfactory proof of its nonprofit status.

B. No such activity shall take place within three hundred feet of any freeway or highway offramp or onramp in any direction of such offramp or onramp, including, but not limited to, any overpass or underpass adjacent thereto and as long as such activity does not interfere with the normal flow of pedestrians and/or vehicular traffic on any public street, highway, sidewalk or driveway.

(Ord. 97-02 § 1 (part), 1997.)

Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed one thousand dollars, or by imprisonment in the county jail for a period not exceeding six months, or by such fine and imprisonment.

(Ord. 97-02 § 1 (part), 1997.)