Title 11

Chapter 11.38

San Jose Zoning Code · 2026-06 edition · ingested 2026-07-07 · San Jose

SOLICITATION PROHIBITIONS

Parts:

  • 1 Definitions

  • 2 Prohibition of Solicitation

Part 1

DEFINITIONS

Sections:

11.38.100 Definitions.

11.38.130 Solicit.

"Solicit" means 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. Solicitation shall include participation in discussions undertaken in response to the solicitation by another. 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. (Ords. 25246, 25247.)

11.38.140 Public right-of-way.

"Public right-of-way" means public streets, highways, and sidewalks, including driveways. (Ords. 25246, 25247.)

11.38.120 Employment.

11.38.130 Solicit.

11.38.140 Public right-of-way.

11.38.150 Director.

11.38.100 Definitions.

The definitions set forth in this part shall govern the application and interpretation of this chapter.

11.38.150 Director.

"Director" means the head of the city department responsible for monitoring traffic flow on public streets.

(Ords. 25246, 25247.)

Part 2

PROHIBITION OF SOLICITATION

(Ords. 25246, 25247.)

Sections:

11.38.110 Business.

"Business" means any type of product, good, service, performance or activity that is provided or performed, or offered to be provided or performed, in exchange for money, labor, goods or any other form of consideration.

(Ords. 25246, 25247.)

11.38.120 Employment.

"Employment" means services, industry or labor performed by a person for wages or other compensation or under any contract of hire, written, oral, express or implied. (Ords. 25246, 25247.)

11.38.200 Prohibition.

11.38.210 No vehicle solicitation zone.

11.38.200 Prohibition.

  • A. No person shall solicit or attempt to solicit the driver or occupant of a vehicle traveling on a public right-of-way that is located within a posted no vehicle solicitation zone.

  • B. No person shall solicit or attempt to solicit the driver or occupant of a vehicle located on private property, including a private driveway, private parking facility or private entrance way, in such a manner as to disrupt the flow of

T11:34

VEHICLES AND TRAFFIC

§ 11.40.030

vehicular traffic on a public right-of-way located within a posted no vehicle solicitation zone.

  • C. No driver or occupant of a vehicle within the public right-of-way in a posted no vehicle solicitation zone shall solicit or attempt to solicit any other person.

  • D. No driver or occupant of a vehicle located on private property, including a private driveway, private parking facility or private entrance way, shall solicit or attempt to solicit any other 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.

  • E. The prohibitions set forth in this section shall not apply to a solicitation, or attempted solicitation, to or from any person in a vehicle that is lawfully parked within the public right-ofway or on private property.

(Ords. 25246, 25247, 25883.)

11.38.210 No vehicle solicitation zone.

  • A. The director may declare any area of the city to be a no vehicle solicitation zone if the director finds, based upon traffic volume, traffic patterns and the nature of the conduct of the solicitation activity, that solicitation occurring in that area is creating a public nuisance or is adversely affecting public health, safety and welfare.

  • B. The prohibition set forth in Section 11.38.200 shall not be enforceable in any area declared to be a no vehicle solicitation zone until the director has posted signs giving notice of the prohibition.

(Ords. 25246, 25247.)