Corte Madera Municipal Code Ch. 10.38 Solicitation of Employment, Business or Contributions in Certain Areas

For the purposes of Sections 10.38.020 and 10.38.030, the following meanings shall apply:

(1) "Business" means and includes 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.

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

(3) "Solicit" means and includes 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, 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. 791 § 1 (part), 1995)

(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 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.

Notwithstanding anything to the contrary stated herein, it shall not be unlawful for a person while located on the sidewalk (as "sidewalk" is defined in California Vehicle Code § 555) to solicit, or attempt to solicit, employment, business or contributions of money or other property from any person traveling in a vehicle in the following circumstance:

(1) Where, at all times during the solicitation or attempted solicitation, the vehicle is parked in a marked and lawful parking space immediately adjacent to the sidewalk on which the solicitor is located.

(b) It is unlawful for any person, while the occupant of any vehicle traveling along a public right-of-way, 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.

Notwithstanding anything to the contrary stated herein, it shall not be unlawful for a person, while the occupant of any vehicle, to solicit, or attempt to solicit, employment, business or contributions of money or other property from any person in any of the following circumstances:

(1) Where, at all times during the solicitation or attempted solicitation, the vehicle is parked in a marked and lawful parking space and the person being solicited is located on the sidewalk immediately adjacent to the parking space;

(2) Where, at all times during the solicitation or attempted solicitation, the solicitation consists solely of a sign, letters, words or other tangible form of communication attached or affixed to the vehicle and otherwise permitted by law.

(Ord. 791 § 1 (part), 1995)

(a) No person shall solicit or attempt to solicit, employment, business or contributions of money or other property, from a location within a commercial 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 parking area" means privately owned property which is designed or used primarily for the parking of vehicles.

(c) This section shall only apply to commercial parking areas where the following occur:

(1) The owner or person in lawful possession of the commercial parking area 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 normal business operations of the commercial premises;

(2) A copy of said policy is submitted to the town manager to be maintained in town files; and

(3) The owner or person in lawful possession of the commercial parking area has caused a notice to be posted in a conspicuous place at each entrance to such commercial parking area 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. 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 areas of this commercial parking lot which are not approved for such activity by the property owner.

(Ord. 791 § 1 (part), 1995)