San Mateo County Municipal Code Ch. 7.110 Roadway Solicitation

The purpose of this chapter is to address the adverse effects caused by persons congregating along busy County streets to solicit work. This activity has brought increased traffic to already congested areas, causes drivers along these streets to be distracted and results in vehicles making unsafe stops so the vehicle driver or occupant can discuss employment with workers. Workers will dart out into the roadway to solicit employment, creating a safety hazard to themselves and the motoring public. The prohibitions enacted in this chapter are intended to eliminate these safety hazards.

(Ord. 4312, 05/23/06)

As used in this chapter:

"Employment" means services, industry, or labor performed by a person for wages, a fixed sum, or other compensation or thing of value, or under any contract or hire, written, oral, express or implied.

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

"Roadway" means that portion of the public right-of-way designed and ordinarily used for motor vehicle travel. "Roadway" does not include sidewalks, curbs, driveways, medians, or other areas adjacent to public streets.

"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 shows intent or desire 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 person. 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. 4312, 05/23/06)

(a) It shall be unlawful for any person, whether driver or passenger, occupying any illegally parked vehicle in a roadway or a vehicle traveling within any roadway to solicit or attempt to solicit any person standing, sitting, walking or riding any non-motorized conveyance, within the public right-of-way.

(b) It shall be unlawful for any person to solicit the driver or occupant of an illegally parked vehicle or a vehicle traveling within any roadway when the person making such solicitation is within the roadway.

(Ord. 4312, 05/23/06)

Any person who violates the provisions of this chapter is guilty of an infraction punishable by a fine set forth in Government Code section 25132 and any amendments thereto.

(Ord. 4312, 05/23/06)

This chapter shall be in effect until June 30, 2008, after the date it shall be repealed.

(Ord. 4409, 02/05/08)