Compton Municipal Code § 7-26 Solicitation of Employment, Business or Contributions of Money or Other Property

[Ord. #2196, § 1]

It is the intent of the Council of the City of Compton to protect the health and welfare of the general public and promote safer and more efficient traffic flow in industrial and commercial zones by reasonably regulating the time, place and manner of the solicitation of employment and/or business from pedestrians and occupants of vehicles on the public rights-of-way and in public and private parking areas. These regulations are content neutral and are not intended and do not restrict the right of free speech or alternative channels of communication.

[Ord. #2196, § 1]

The Council of the City finds, determines and declares that the approaching and solicitation by pedestrians directed to the occupants of vehicles which are located in the public rights-of-way and roadways has caused a significant public safety risk by causing vehicles to stop, impede and block the flow of traffic in travel lanes within or adjacent to industrial or commercial zones and that it will be in the interest of the public health, safety and welfare to restrict the solicitation acts that occur in, within or directly affect traffic conditions upon any public street, roadway, alley or on private parking areas within the City.

[Ord. #2196, § 1]

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

a. ALLEY – Shall mean any highway or street not exceeding 25 feet in width which is primarily used for access to the rear or side entrances of abutting property.

b. BUSINESS – Shall mean and includes any type of product, goods, services, 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.

c. CODE – Shall mean the Compton Municipal Code.

d. EMPLOYMENT – Shall mean the 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.

e. OCCUPANT – Shall mean a person who occupies a vehicle.

f. PARKWAY – Shall mean that portion of a street or highway other than the roadway or the sidewalk. In general terms, the space between the street and the sidewalk.

g. PEDESTRIAN – Shall mean any individual who is utilizing a public street, sidewalk, roadway, alleyway, parkway or public or private parking area while traveling without the benefit of any vehicle as defined herein.

h. PERSON – Shall mean any individual, company, corporation, association, business, or other legal entity.

i. PRIVATE PARKING AREA – Shall mean privately owned property which is designated or used primarily for the parking of vehicles and which adjoins one or more commercial establishments or adjoins any property in a nonresidential zone, including, but not limited to, driveways, setbacks and portions of that area that are landscaped.

j. ROADWAY – Shall mean that portion of the public right-of-way that is designated and used primarily for vehicular travel.

k. SOLICIT OR SOLICITATION – Shall mean the act of making a request, offer or announcement by use of the spoken word, bodily act or gesture. A solicitation as defined in this section shall be deemed completed when made, whether or not an employment relationship is created. It shall not constitute solicitation for a pedestrian to make a request or announcement using signs or delivering flyers or leaflets.

l. STREET – Shall mean a way or place of whatever nature, publicly maintained and open to the use of the public for purpose of vehicular travel. For the purposes of this section, street includes highway and any parking area or lot owned or operated by the City or the Community Redevelopment Agency of the City of Compton.

m. VEHICLE – Shall mean a vehicle as defined in California Vehicle Code § 670 as the same now reads or may hereafter be amended.

[Ord. #2196, § 1]

a. No person shall stand in or on any portion of a public right-of-way, including any street, roadway, alley, highway or driveway that is within, or immediately adjacent to, any industrial or commercial zone within the City and solicit employment, business or contributions of money or other property from the occupant of any vehicle that is traveling upon a public right-of-way, including a street, roadway, alley, highway or driveway or is stopped in or blocking a lane of traffic. This section does not prohibit any solicitation that is directed at the occupant of a vehicle that is legally stopped at the side of the roadway and out of the lanes of traffic.

b. No person, while the occupant of any vehicle that is traveling upon a public right-of-way, including a street, roadway, alley, highway or driveway or is stopped in or blocking a lane of traffic, shall solicit employment, business or contributions of money or other property from a person who is on or within the public right-of-way, including any street, roadway, highway or driveway that is within, or immediately adjacent to, any industrial or commercial zone within the City.

c. This section shall not apply to peddlers or other vendors who have a permit and/or license pursuant to Chapter 9 of this Code.

[Ord. #2196, § 1]

a. No person shall solicit or attempt to solicit employment, business or contributions of money or other property from a location within a private parking area as defined in this section. This section shall not apply to a solicitation to perform employment or business for the owner or lawful tenants of the subject premises.

b. This section shall only apply to private parking areas when the following occurs:

1. The owner or person in lawful possession of the private parking area establishes a written policy which provides area(s) for the lawful solicitation of employment and/or business, in locations which are accessible to the public and do not interfere with normal business operations of the commercial premises. Nothing herein shall require a private property owner to permit solicitations at their premises.

2. The owner or person in lawful possession of the private parking area has caused a notice to be posted in a conspicuous place at each entrance to such private parking area not less than 18 inches by 14 inches in size with lettering not less than one inch in height, but not to exceed in total area six square feet. Said notice shall be in substantially the following form: "It is a misdemeanor to engage in the solicitation of employment and/or business in areas of this private parking lot which are not approved for such activity by the property owner."

[Ord. #2196, § 1]

It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this section. Any person violating any provision of this section or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $1,000, or by imprisonment for a term not exceeding six months, or by both such fine and imprisonment. Each and every person shall be deemed guilty of a separate offense for each and every day or any portion thereof, during which any violation of any of the provisions of this section is committed, continued or permitted by such person, and shall be deemed punishable therefor as provided in this section.

[Ord. #2196, § 1]

a. The violation of any of the provisions of this section shall constitute a nuisance and may be abated by the City, or, on private property, by the owner or lawful tenant of that private property, through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances.

b. In addition to the civil process described in Paragraph a above, at the request of the property owner or lawful tenant of the real property upon which the violation occurs, this chapter may be enforced by any law enforcement officer by citation of any person who violates this section, or by any law enforcement officer or private security by removal from the private property of any person who violates this section.