Chapter 10.39 — VEHICLE SOLICITATION IN THE STREETS

This chapter shall be known as the "vehicle solicitation ordinance."

(Ord. 6937 § 3 (part), 2003)

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

A.

"Commercial activity" or "business" means and includes any type of 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" means and includes 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.

"No vehicle solicitation zone" means an area of the city declared by the city manager to be a no vehicle solicitation zone based on traffic safety problems created by solicitation at that site, the nature of the conduct of the solicitation activity, the public nuisance created by the solicitation in that area, or the adverse impacts affecting public health, safety or welfare.

D.

"Public right-of-way" means public streets, highways, and sidewalks, including driveways.

E.

"Roadway" means that portion of the street traveled by vehicles.

F.

"Solicit" or "solicitation" means and includes any request, offer, enticement, or action which announces the availability of employment; or any request, offer, enticement or action which seeks to secure employees. As defined herein, a solicitation shall be deemed complete when a vehicle stops in a posted "no vehicle solicitation zone," whether or not an actual employment relationship is created, a transaction is completed, or an exchange of money or other property takes place.

G.

"Commercial parking area" means privately owned property which is designed or used primarily for the parking of vehicles and which adjoins one or more commercial establishments.

(Ord. 6991 § 2, 2004; Ord. 6937 § 3 (part), 2003)

It shall be unlawful and a public nuisance for any driver or occupant of a vehicle within the roadway in a posted no vehicle solicitation zone to stop, or take any action which would cause a pedestrian in the public right-of-way, including the sidewalk or curbside, to approach the vehicle in the roadway.

(Ord. 6937 § 3 (part), 2003)

A.

It shall be unlawful for any driver or occupant of a vehicle located on private property, including a private driveway, private parking facility or private entrance way, to solicit or attempt to solicit any person in such a manner as to disrupt the flow of vehicular traffic on a public right-of-way located within a no vehicle solicitation zone.

B.

It shall be unlawful for any motorist to solicit or attempt to solicit any other person 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 representative for such solicitation. This section shall not apply to solicitation to perform employment or business for the owner or lawful tenants of the subject premises.

C.

The owner or person in lawful possession of the commercial parking area shall cause a notice to be posted in a conspicuous place at each entrance to such commercial parking area not less than 18′ × 24′ in size, with lettering not less than one 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 UNLAWFUL AND AN INFRACTION UNDER THE MUNICIPAL CODE TO ENGAGE IN THE SOLICITATION OF EMPLOYMENT IN AREAS OF THIS COMMERCIAL PARKING LOT WHICH ARE NOT APPROVED FOR SUCH ACTIVITY BY THE PROPERTY OWNER, OTHER THAN TO PERFORM EMPLOYMENT OR BUSINESS FOR THE OWNER OR LAWFUL TENANTS OF THE PREMISES.

(Ord. 6991 § 3, 2004)

The prohibitions set forth in Section 10.39.030 shall not be enforceable in any area declared to be a "no vehicle solicitation zone" until the posting of conspicuous signs giving notice of the prohibition and possible fines.

(Ord. 6937 § 3 (part), 2003)

Violation of Section 10.39.030 or Section 10.39.031 of this chapter is hereby deemed to be an infraction and is punishable by fines and penalties as set forth in California Government Code Section 36900 and California Penal Code Section 1464.

(Ord. 6991 § 4, 2004: Ord. 6937 § 3 (part), 2003)

Staff shall report to the city council on the effectiveness of the ordinance codified in this chapter in remediating unsafe traffic conditions six months after the effective date of the ordinance codified in this chapter.

(Ord. 6937 § 3 (part), 2003)

If any section, subsection, sentence, clause, phrase or portion of the ordinance codified in this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance codified in this chapter. The city council of the city of Pasadena hereby declares that it would have adopted the ordinance codified in this chapter and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsection, sentence, clause, phrase or portion may be declared invalid or unconstitutional.

(Ord. 6937 § 3 (part), 2003)