§ 4-21 — Ojai Municipal Code

§ 4-21.01. Definitions.¶

For purposes of this chapter the following definitions shall apply:

"Aggressively solicit" means to solicit with intent to intimidate another person into giving money, food, cigarettes or items of value.

"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.

"Intimidate" means to engage in conduct which would make a reasonable person fearful or feel threatened.

"Person" includes both individual persons and organizations.

"Solicitation" or "solicit" is any request made in person seeking an immediate donation of money, food, cigarettes or items of value. Purchase of an item for an amount far exceeding its value, under circumstances where a reasonable person would understand that the purchase is in substance a donation, is a donation for the purpose of this chapter. A person is not soliciting for the purpose of this chapter when he or she passively displays a sign or gives any other indication that he or she is seeking donations, and where he or she does not address his or her solicitation to any specific person other than in response to an inquiry by that person.

(§ 3, Ord. 724, eff. April 23, 1998, as renumbered by § 2, Ord. 800, eff. August 8, 2008)

§ 4-21.02. Place of solicitation.¶

It shall be unlawful for any person to solicit in any of the following places, or for any person to solicit when the person solicited is in any of the following places:

(a) At any bus stop;
(b) On private property, unless the solicitor has permission from the owner or tenant;
(c) Within 50 feet of an automated teller machine;
(d) Outdoor dining areas of restaurants or other dining establishments serving food for immediate consumption;
(e) A queue waiting to gain admission to a place or vehicle, or waiting to purchase an item or admission ticket; or
(f) While standing in any portion of the public right-of-way, including, but not limited to, public streets, highways, sidewalks and driveways, to solicit from any person traveling in a vehicle along a public right-of-way, including, but not limited to, public streets, highways or driveways.
(§ 3, Ord. 724, eff. April 23, 1998, as renumbered by § 2, Ord. 800, eff. August 8, 2008)

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City of Ojai, CA

OJAI CODE

§ 4-21.03

§ 4-21.06

§ 4-21.03. Prohibition of solicitation in unauthorized locations within commercial…¶

It shall be unlawful for any person to solicit 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.

(§ 3, Ord. 724, eff. April 23, 1998, as renumbered by § 2, Ord. 800, eff. August 8, 2008)

§ 4-21.04. Exceptions.¶

The prohibitions set forth in Section 4-21.03 shall only apply to commercial parking areas where the following occurs:

(a) The owner or person in lawful possession of the commercial parking area establishes a written policy which provides area(s) for lawful solicitation in locations which are accessible to the public and do not interfere with normal business operations of the commercial premises;
(b) 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 18 by 24 inches in size with lettering not less than one inch in height. The notice shall be in substantially the following form:

NO SOLICITING EXCEPT IN DESIGNATED AREAS OF PARKING LOT. OMC SEC. 4-21.03.

(§ 3, Ord. 724, eff. April 23, 1998, as renumbered by § 2, Ord. 800, eff. August 8, 2008)

§ 4-21.05. Manner of solicitation.¶

It shall be unlawful for a person to intentionally aggressively solicit.

(§ 3, Ord. 724, eff. April 23, 1998, as renumbered by § 2, Ord. 800, eff. August 8, 2008)

§ 4-21.06. Penalties.¶

It shall be unlawful for any person to do any of the acts prohibited by this chapter. Any person who shall violate any provision of this chapter shall be guilty of a misdemeanor. Upon conviction of a misdemeanor, such person shall be punished by a fine of not more than $500, or by imprisonment in the County Jail for a period of not more than six months, or by both such fine and imprisonment.

(§ 6, Ord. 741, eff. November 23, 1999, as renumbered by § 2, Ord. 800, eff. August 8, 2008)

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City of Ojai, CA

PUBLIC WELFARE, MORALS, AND CONDUCT

§ 4-22.01

§ 4-22.05

CHAPTER 22 SLEEPING AND CAMPING ON PUBLIC PROPERTY

Editor's note—Chapter 21, Sleeping and Camping on Public Property, added by Ord. No. 725, effective April 23, 1998, renumbered to be Chapter 22 by Ord. No. 800, effective August 8, 2008.