Cupertino Municipal Code Ch. 10.80 Solicitation Prohibitions on Designated Public Rights-of-Way

For purposes of this chapter the following words and phrases have the meanings ascribed herein:

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

B. “Solicit” means 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. Solicitation shall include participation in discussions undertaken in response to the solicitation by another. 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.

C. “Public right-of-way” means public streets, highways, and sidewalks, including driveways.

D. “Director” means the City’s Director of Public Works.

(Ord. 1854, § 1 (part), 2000)

A. It is unlawful for any person, while standing in any portion of a public right-of-way, in a posted no vehicle solicitation zone, to solicit, or attempt to solicit any person traveling in a vehicle along a public right-of-way.

B. It is unlawful for any person, while the driver or occupant of any vehicle in a public right-of-way, in a posted no vehicle solicitation zone, to solicit, or attempt to solicit any person who is within the public right-of-way.

(Ord. 1854, § 1 (part), 2000)

A. The Director may declare any public right-of-way, or portion thereof, within the City to be a no vehicle solicitation zone if the Director finds, based upon traffic volume, traffic patterns and the nature of the conduct of the solicitation activity, that the solicitation occurring in that area creates an undue hazard to public safety.

B. The prohibition set forth in Section 10.08.020 is only enforceable in any area declared to be a no vehicle solicitation zone upon the posting of signs giving notice of the prohibition.

(Ord. 1854, § 1 (part), 2000)

Any person violating any of the provisions of this chapter shall be deemed guilty of an infraction, and upon conviction thereof shall be punishable as provided in Chapter 1.12.

(Ord. 1854, § 1 (part), 2000)