Corning Municipal Code Ch. 9.20 Solicitation of Employment, Business or Contributions of Money or Other…

The city council makes the following findings:

A. On city streets, sidewalks and intersections, the activity of soliciting employment, business or contributions from occupants of vehicles is hazardous because it distracts drivers from their primary duty to watch traffic and be alert for potential hazards in the roadway, to observe all traffic control signals, signs or warnings, and to be prepared to move through the city's streets and intersections.

B. In public and private parking lots and parking structures, the activity of soliciting employment, business, or contributions from occupants of vehicles is hazardous because it distracts drivers from their primary duty to watch other vehicles or pedestrians and to move through the lot or structure with safety.

C. The practice of soliciting employment, business or contributions from within a public street, highway, or parking facility subjects the solicitor, pedestrians and vehicles to an unacceptable level of danger by distracting drivers from their primary duty to watch traffic and results in the delay and obstruction of the public's free flow of travel, and results in congestion and blockage of the streets, parking lot driveways, and sidewalks when such persons approach the vehicles to negotiate with the occupants.

D. Distracted drivers are more prone to be involved in automobile accidents; and accidents on the public streets constitute a substantial traffic safety problem.

E. The cumulative impact of this type of activity on the streets, highways, sidewalks and parking facilities on a daily basis creates a potential safety hazard, which poses a significant and substantial risk to the interest of the public in the free flow of travel.

F. Solicitation within parking lots and structures is of particular concern, because it presents a potentially threatening environment for people traveling to or from their vehicle and provides a greater opportunity for someone desiring to conceal his or her presence from the unsuspecting.

G. People exiting or entering a vehicle are in a very vulnerable position when approached by a solicitor and are exposed to reasonable fear for safety and the possibility of a carjacking, robbery or other person or property crime.

H. Soliciting in a manner that is confrontational and involves conduct that is perceived by the person being solicited as harassing, coercing, or intimidating or which obstructs the free passage of that individual is detrimental to the quality of life and economic vitality of the community.

I. Soliciting at times and places where individuals feel particularly vulnerable, such as during times of darkness, or in the vicinity of automatic teller machines, causes the person being solicited to feel unsafe, which in turn leads to people who would be engaged in legitimate activities tending to avoid certain areas, resulting in a decline in business and community life and a possible increase in crime.

(Ord. No. 638, § 1, 10-27-2009)

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:

"Aggressive manner" means approaching or speaking to a person, or following a person before, during or after soliciting if that conduct is intended or is likely to cause a reasonable person to fear bodily harm to oneself or to another, or damage to or loss of property or otherwise feel threatened; continuing to solicit from a person after the person has given a negative response to such soliciting; intentionally touching or causing physical contact with another person without that person's consent in the course of soliciting; intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle in conjunction with soliciting; or using violent or threatening gestures or language in conjunction with the solicitation.

"Business" means any type of product, good, 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.

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

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

"Median strip" means a paved or planted area of public right-of-way dividing a street or highway into lanes according to the direction of travel.

"Public right-of-way" means land which is dedicated to the public use for sidewalk, street or highway purposes, or other transportation purposes.

"Solicit" means making any oral or written request, offer or enticement, or taking any action which indicates the availability of a person for employment or availability to provide services for compensation or which seeks to purchase or secure services or goods, the purchase or sale of goods, or a request for money or other property, or a contribution of money or other property. 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 property takes place.

(Ord. No. 638, § 1, 10-27-2009)

It is unlawful for any person to loiter in a median strip within a street, highway, or other city-maintained public right-of-way. For the purposes of this section, "loiter" means to linger or remain in the median strip for any purpose unrelated to safely traversing a street or other roadway, except in an emergency. This section shall not apply to authorized city personnel or contractors who are repairing or maintaining the median strips or adjacent roadway.

(Ord. No. 638, § 1, 10-27-2009)

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, median strips, 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 is 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, sidewalk or driveway. This provision does not apply to services rendered in connection with emergency repairs requested by the operator or passenger of a vehicle.

C. It is unlawful for any person to solicit or attempt to solicit, employment, business or contributions of money or other property from any occupant of a vehicle, or from any person getting into or out of a vehicle within any public parking lot or structure where such parking lot or structure is posted with a sign prohibiting such activity.

(Ord. No. 638, § 1, 10-27-2009)

A. It is unlawful for any person to solicit or attempt to solicit employment, business or contributions of money or other property, from a location within a commercial parking area used for vehicular traffic. It is also unlawful to solicit in a location not authorized in advance by the property owner, or the property owner's representative, for such solicitations.

B. The prohibition against solicitation shall only apply to commercial parking areas where all of the following occur:

1. The owner or person in lawful possession 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 the normal business operations of the commercial premises;

2. A copy of such policy is submitted to the chief of police to be maintained in police department files.

3. The owner or person in lawful possession has caused a notice to be posted in a conspicuous place at each entrance to such commercial parking area. This notice shall not be less than eighteen by twenty-four inches in size with lettering not less than one inch in height, and the notice shall not exceed, in total area, six square feet. The notice shall read substantially as follows:

"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. No. 638, § 1, 10-27-2009)

A. It is unlawful to solicit in an aggressive manner in any public place.

B. It is unlawful to solicit within twenty-five feet of any automated teller machine or other cash disbursal machine.

C. It is unlawful to solicit after sunset or before sunrise.

D. It is unlawful to solicit at any bus stop.

(Ord. No. 638, § 1, 10-27-2009)

Every violation of this chapter is a misdemeanor.

(Ord. No. 638, § 1, 10-27-2009)