Rialto Municipal Code Ch. 11.16 Regulation of Solicitations of Employment, Business or Contributions…

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Prior ordinance history: Ord. 1293.

The purpose of this chapter is to designate one location within the city where an employer may lawfully solicit day labor and day laborers may lawfully congregate to await such solicitation. The amendment seeks to facilitate the free flow of vehicles on city streets and within commercial parking areas and eliminate the hazards posed by the unlawful solicitation of employment, business, or contributions from occupants of vehicles from persons standing within the public right-of-way and at certain locations within commercial parking areas by prohibiting such solicitation of employment, business, and contributions from the occupants of vehicles within the public right-of-way and in all locations within the city other than the day laborer center, thereby alleviating the potential risks and hazards posed by such activity. This chapter also authorizes the code enforcement division of the Rialto police department to cite all violators as designated in Section 11.16.050.

(Ord. 1365 § 1 (part), 2004)

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

"Business" means and includes any type of product, goods, 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.

"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.

"Day laborer center" means the center authorized by city council, and memorialized by the Memorandum of Understanding among the city of Rialto, Sunrise Life Development Inc., and Home Depot, Inc. to provide a location where solicitation of day labor can lawfully occur.

"Employment" means and includes services, industry, or labor performed by a person for wages or other compensation, or under any contract whether prior, written, oral, express or implied.

"Loiter" means to stand, lie or sit idly around, or to aimlessly linger, or congregate with others.

"Solicit" means and includes any request, offer, enticement, or action which announces the availability for employment, or the opportunity 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, a 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 or other property takes place.

(Ord. 1365 § 1 (part), 2004)

A. It is unlawful for any person, while standing in any portion of a public right-of-way, including, but not limited to public streets, highways, sidewalks, and driveways, to solicit, or attempt to solicit, employment, business, or contributions of money or other property from any person traveling in a vehicle along a public right-of-way, including but not limited to public streets, highways, sidewalks, alleys or driveways.

B. It is unlawful for any person, while the occupant of any vehicle, to solicit, or attempt to solicit, employment, business, or contributions of money or other property from a person who is within the public right-of-way, including but not limited to public streets, highways, sidewalks, alleys or driveways.

(Ord. 1365 § 1 (part), 2004)

It is unlawful for any person to loiter in any portion of any commercial parking area within the city other than in the area designated by the city's day laborer center during its hours of operation, to solicit, or attempt to solicit, employment, business, or contributions of money or other property from a person who is shopping, parking or otherwise frequenting a commercial parking area.

(Ord. 1365 § 1 (part), 2004)

No person shall solicit, or attempt to solicit, employment, business, or contributions of money or other property, from a location within any commercial parking area within the city, other than the city's day laborer center during its hours of operation, authorized by council pursuant to the Memorandum of Understanding among the city of Rialto, Sunrise Life Development Inc., and Home Depot, Inc.

(Ord. 1365 § 1 (part), 2004)

Any violation of this chapter shall be a misdemeanor punishable by a fine not to exceed five hundred dollars and/or imprisonment in the county jail for a term not to exceed six months. In certain circumstances, any violation of this chapter may be cited as an infraction in the discretion of the code enforcement officer, as appropriate.

(Ord. 1365 § 1 (part), 2004)