Pomona Municipal Code § 34-185 Solicitation within nonresidential parking areas

Footnotes:

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Editor's note— Ordinance No. 4124, § 1, adopted October 5, 2009, renumbered this division as Division 3.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Day labor center means that center operated for the purposes of solicitation of and solicitation for employment.

Employment means any offer or exchange or consideration for labor, industry or other personal activities, including parttime or temporary services, for wages or other compensations.

Nonresidential parking areas means all private property comprising the parking area adjoining nonresidential premises, including, but not limited to, driveways, setbacks and portions that are landscaped.

Public area means any property of the city maintained for park, city hall or other civic purposes.

Solicit and hire mean any request, offer, announcement, endorsement or other action or gesture which induces another person to reasonably believe that his services are being sought or are made available for hire, whether or not an actual employment relationship is created.

Street and highway mean all of the areas dedicated to public use for public purposes and include, but are not limited to, roadways, parkways, medians, alleys, sidewalks, curbs and other public ways.

Vehicle means a vehicle as defined in Vehicle Code § 670.

(Code 1959, § 19.1-2; Ord. No. 3814, § 1 (part))

Cross reference— Definitions generally, § 1-2.

The purpose of this division is to regulate the time, place and manner of the solicitation of and the solicitation for employment on streets and highways, public access and nonresidential parking areas. This division is not intended to restrict the right of free speech or alternative channels of communication, but to ensure the protection of public health, safety and general welfare.

(Code 1959, § 19.1-1; Ord. No. 3814, § 1 (part))

(a) It is unlawful for any person to engage in the solicitation of and solicitation for employment on any street or highway.

(b) This section shall not apply to any portion of any street or highway designated by resolution of the city council and conspicuously signed and posted in both English and Spanish languages where solicitation of and solicitation for employment is to be permitted.

(c) This section shall not be construed so as to prohibit a business establishment or property owner from soliciting or hiring employment at or on his or its premises. For the purpose of this section, vehicles and other similar types of mobile locations shall not be considered a business establishment or premises.

(Code 1959, § 19.1-3; Ord. No. 3814, § 1 (part))

Cross reference— Streets, sidewalks and other public places, ch. 46.

(a) It is unlawful for any person to engage in the solicitation of or solicitation for employment on any public area.

(b) This section shall not apply to any portion of any public area designated by resolution of the city council and conspicuously signed and posted, in both the English and Spanish languages, where solicitation of and solicitation for employment are to be permitted.

(Code 1959, § 19.1-4; Ord. No. 3814, § 1 (part))

(a) It is unlawful for any person to engage in the solicitation of or solicitation for employment on any nonresidential parking area, other than to perform the employment on or for the owner or occupants of the adjoining premises.

(b) This section shall not be operative unless the owner, the owner's agent or the person in lawful possession of the nonresidential parking area has caused a notice to be posted in a conspicuous place at each entrance to each nonresidential parking area not less than 18 by 24 inches in size with lettering not less than one inch in height and not to exceed six square feet in total area. The contents of such notice shall be in substantially the following form, in both the English and Spanish languages:

"IT IS A MISDEMEANOR TO ENGAGE IN THE SOLICITATION OF OR SOLICITATION FOR EMPLOYMENT OTHER THAN TO PERFORM THE EMPLOYMENT ON OR FOR THE OWNER OR OCCUPANTS OF THE PREMISES."

(Code 1959, § 19.1-5; Ord. No. 3814, § 1 (part))

It is lawful for any person to engage in the solicitation of or solicitation for employment at the designated day labor center.

(Code 1959, § 19.1-6; Ord. No. 3814, § 1 (part))