Ontario Municipal Code Ch. 15 Regulations Relating to Solicitation of Employment on Public Streets And…

The purpose of this chapter is to regulate the conduct of persons engaging in the solicitation of employment and/or business from pedestrians and occupants of vehicles in public rights-of-way and private parking areas. These regulations are not intended to restrict the right of free speech or restrict alternative channels of communications, but rather are intended to ensure vehicle and pedestrian safety and promote the free flow of traffic along City streets.

(§ 1, Ord. 2723, eff. October 5, 2000)

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

(a) “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.

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

(c) “Occupant” shall mean a person who occupies a vehicle.

(d) “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 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 takes place.

(e) “Vehicle” shall mean a vehicle as defined in Cal. Veh. Code § 670, as that section may be amended from time to time.

(§ 1, Ord. 2587, eff. March 9, 1995, as amended by § 1, Ord. 2723, eff. October 5, 2000)

(a) No person shall solicit employment, business or contributions of money or other property from a location within a commercial or industrial 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 solicitations to perform employment or business for the owner or lawful tenants of the subject premises.

(b) For purposes of this section, “commercial or industrial parking area” shall mean privately owned property which is designed or used, in whole or in part, for the parking of vehicles and which adjoins one (1) or more commercial or industrial establishments. The term “industrial parking area” includes, but is not limited to, parking areas within property zoned for industrial purposes.

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

(1) The owner or person in lawful possession of the commercial or industrial parking area has established 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 and/or industrial premises;

(2) A copy of the policy is submitted to the Chief of Police to be maintained in the City Police Department files; and

(3) The owner or person in lawful possession of the commercial or industrial parking area has caused such notice to be posted in a conspicuous place at each entrance to such commercial or industrial parking area not less than eighteen by twenty-four (18 x 24) inches in size with lettering not less than one (1) inch in height and not to exceed, in total area, six (6) 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 parking lot which are not approved for such activity by the property owner.”

(§ 1, Ord. 2587, eff. March 9, 1995, as amended by § 1, Ord. 2723, eff. October 5, 2000)

Violation of § 4-15.04 of this chapter is hereby deemed to be a misdemeanor and punishable according to the provisions of Chapter 2 of Title 1 of this Municipal Code.

(§ 1, Ord. 2723, eff. October 5, 2000, as amended by § 4, Ord. 2954, eff. July 19, 2012)