San Juan Capistrano Municipal Code Ch. 25 Solicitation Prohibited in Certain Designated Areas

For the purposes of this chapter, the following words shall have the meanings ascribed below:

"Business district"

shall be defined as designated in Section 235 of the California State Vehicle Code.

"Private property"

shall mean any property held by private interests which is used primarily for business, commercial, or recreational purposes.

"Public property"

shall mean any property owned or maintained by the City of San Juan Capistrano.

"Solicit" or "hire"

shall mean any request, offer, enticement, or other action or gesture which induces another person to reasonably believe that his or her services are being sought or available for hire.

"Employment"

shall include any offer or exchange of consideration for labor or other personal services, including part-time or temporary services.

"Street" or "highway"

shall mean all of the area dedicated to public use for public street purposes and shall include, but not be limited to, roadways, parkways, medians, alleys, curbs, and public ways.

(§ 1, Ord. No. 735)

It shall be unlawful and subject to punishment in accordance with Section 5-25.07 of this chapter, for any person to offer or solicit employment, business or contributions in or on any public or private property when the same has been designated by resolution of the City Council and posted as a “no soliciting” area.

(§ 1, Ord. No. 735)

The City Council may, upon review and recommendation by the City Engineer, designate any public roadway or other public property as a “no soliciting” area. The City Council shall designate such area by resolution and order the posting of appropriate signage in accordance with Section 5-25.05 of this chapter.

(§ 1, Ord. No. 735)

The City Council may, by resolution, designate any private property within a business district, or which is primarily used for commercial or recreational purposes, as a “no soliciting” area. The City Council may so designate this private property subject to the following:

(a) If the property is owner-occupied property, the property owner shall submit a written petition of application requesting a designation of a “no soliciting” area.

(b) If the property is occupied by tenants of the owner, either:

(i) The property owner shall submit a written petition of application requesting designation of a “no soliciting” area; or

(ii) The tenants shall submit a written petition of application by a majority of the tenants on the property supporting a designation of a “no soliciting” area, and the application shall also contain written consent of the property owner.

(c) The City Clerk shall cause notice of City Council consideration of this application to be mailed to all tenants in the subject private property as well as to the owner at least five days prior to City Council consideration.

(§ 1, Ord. No. 735)

Any decision by the City Council to designate any public or private area as a “no soliciting” area shall be based upon the following findings:

(a) That the act of solicitation at the specified area and location is detrimental to the public health, safety or welfare; and

(b) That there exists within reasonable proximity of the specified “no soliciting” area alternative locations where solicitation of employment, business or contributions is not similarly restricted.

(§ 1, Ord. No. 735)

Prior to the enforcement of the prohibition on solicitation, the area so designated shall be posted with signs which provide, in Spanish and English, substantially as follows:

NO SOLICITING

Solicitation of employment, business or contributions is prohibited at this [describe] location by the San Juan Capistrano Municipal Code, Section 5-25.02. Any violation is punishable by a fine of $100.00 on a first offense.

Such prohibition shall apply to the property or area so designated once posted in plain view at all entrances to the property or area, and on signs which are not less than 17 inches by 21 inches high in size with lettering not less than one inch in height.

(§ 1, Ord. No. 735)

The City Council may, by resolution, establish fees for the receipt and processing of applications and petitions for “no soliciting” areas. In addition, the City Council may, by resolution, establish fees sufficient to cover the costs of developing, printing and posting the areas designated pursuant to this chapter.

(§ 1, Ord. No. 735)

Any violation of this chapter is deemed an infraction, punishable by a fine of $100. A second violation of this chapter shall be punishable by a fine of $200, and a third and subsequent violation shall be deemed a misdemeanor punishable in accordance with Title 1, Section 1-2.01 to 1-2.08 of the San Juan Capistrano Municipal Code.

(§ 1, Ord. No. 735)

(a) It shall be unlawful for any person to stand on any designated and posted street or highway and solicit, or attempt to solicit, employment, business, or contributions from an occupant of any motor vehicle.

(b) It shall be unlawful for any person to stop, park or stand a motor vehicle on any designated and posted street or highway from which any occupant attempts to hire or hires for employment another person or persons.

(§ 1, Ord. No. 735)