Chapter 9.45 — SOLICITATION IN STREETS, COMMERCIAL PARKING AREAS, AND

IN AND ADJACENT TO DRIVEWAY ENTRANCES

(a) "Solicit" shall mean and include any request, offer, enticement, or action which announces the availability of a person to engage in an employment transaction, to engage in a business transaction, or to engage in the contribution of money or other property. Solicitation shall be deemed complete when made whether or not an actual employment relationship is created, a business transaction is completed, or a contribution of money or other property takes place as a result of a solicitation.

(b) "Business" shall mean and include any type of product, 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.

(c) "Employment" shall mean and include the provision of services, industry, or labor performed by a person for wages or other compensation or under any contract of hire, written or oral, expressed or implied.

(d) "Contribution" shall mean and include any donation of money, goods, or other things of value.

(e) "Street" means and includes the paved portion of any public street, highway, expressway, or alley within the city (including the vehicular travel lanes, parking areas, bicycle lanes), as well as the medians thereof (whether paved or planted or marked with striping) and any sidewalks (including planter strips between the curb and the sidewalk) within the public right of way.

(g) "Driveway approach" means any portion of the public sidewalk which is utilized for vehicular access from private property to any public street, highway, expressway or alley.

(Ord. 4614 § 2 (part), 2000)

(a) It shall be unlawful for any person, while that person is located on a street location designated by resolution of the city council, to solicit employment, business, or contributions from occupants of vehicles on that street location.

(b) It shall be unlawful for any person, while occupying any vehicle on a street location designated by resolution of the city council, to solicit employment, business, or contributions from pedestrians or from occupants of other vehicles on that street location.

(c) Violations of this section shall not be punishable unless signs are posted which provide notice of the prohibitions contained in this section.

(Ord. 4614 § 2 (part), 2000)

(a) It shall be unlawful for any person, while located on or occupying any vehicle on a public street, sidewalk, or planter area within or adjacent to any driveway approach (i.e. within fifty feet of a driveway approach) in a location designated by resolution of the city council to solicit employment, business, or contributions from occupants of vehicles crossing or occupying that driveway approach.

(b) It shall be unlawful for any person, while located on or occupying any vehicle on a public street, sidewalk, or planter area within any driveway approach in a location designated by resolution of the city council to solicit employment, business, or contributions from pedestrians crossing or occupying that driveway approach.

(c) Violations of this section shall not be punishable unless signs are posted which provide notice of the prohibitions contained in this section.

(Ord. 4614 § 2 (part), 2000)

(a) No person shall solicit employment, business or contributions 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.

(b) For purposes of this section, a "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:

(i) 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;

(ii) A copy of said policy is submitted to the city manager to be maintained in city files; and,

(iii) 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 fourteen by twenty inches in size with lettering not less than one inch in height and not to exceed in total area six feet. The notice shall be in substantially the following form: "Palo Alto Municipal Code Section 9.45.040 prohibits 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. 4614 § 2 (part), 2000)

Violations of this chapter shall be punishable as infractions. No person shall be cited under the ordinance codified in this chapter unless the person engages in conduct prohibited by this chapter after having been notified by a law enforcement officer that he or she is in violation of the prohibition in the ordinance codified in this chapter.

(Ord. 4614 § 2 (part), 2000)