Mission Viejo Municipal Code Ch. 14.24 Solicitation on Public Rights-of-Way, Etc

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

Business shall mean and include 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.

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

Solicit shall mean and include 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. No. 97-172, § 2, 7-7-97)

(a) It shall be 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.

(b) It shall be 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.

(c) The prohibitions on the sale of merchandise or services set forth in this chapter shall not be applicable to the activities prohibited by Vehicle Code § 22520.5. (This section generally prohibits the sale or vending of merchandise or services on (1) the right-of-way of any freeway or freeway on or off ramps, and (2) any roadway or adjacent shoulder or sidewalk within 500 feet of a freeway off ramp or on ramp when vending or attempting to vend to vehicular traffic and specifically identifies the areas affected and specifically defines the activities prohibited.)

(Ord. No. 97-172, § 2, 7-7-97)

(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" shall mean privately owned property which is designed or used primarily for the parking of vehicles and which adjoins one or more commercial establishments.

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

(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 city manager to be maintained in city 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 24 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. No. 97-172, § 2, 7-7-97)

(a) No person shall solicit in an aggressive manner within the City of Mission Viejo.

(b) Aggressive manner shall mean any of the following:

(1) 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 (i) fear bodily harm to oneself or to another, damage to or loss of property, or (ii) otherwise be intimidated into giving money or other thing of value;

(2) Intentionally touching or causing physical contact with another person without that person's consent in the course of soliciting;

(3) Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, including unreasonably causing a pedestrian or vehicle operator to take evasive action to avoid physical contact;

(4) Using violent or threatening gestures toward a person solicited either before, during, or after soliciting;

(5) Persisting in closely following or approaching a person, after the person solicited has been solicited and informed the solicitor by words or conduct that such person does not want to be solicited or does not want to give money or any other thing of value to the solicitor; or

(6) Using profane, offensive or abusive language which is inherently likely to provoke an immediate violent reaction either before, during, or after solicitation.

(Ord. No. 17-324, § 17, 9-12-17)

It is unlawful for any person to solicit in any of the following locations:

(1) Within 25 feet of the entrance or exit of any bank, savings and loan, or other financial institution building during the normal business hours that such financial institution is open to the public;

(2) Within 25 feet of any automated teller machine, cash disbursal machine, outdoor money changing machine, or any other outdoor machine or device which disburses cash.

(Ord. No. 17-324, § 18, 9-12-17)