San Mateo Municipal Code Ch. 11.58 Roadway Solicitation

The purpose of this chapter is to address the adverse effects caused by persons congregating along busy city 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. Additionally, workers will from time-to-time dart out into the street to solicit employment, creating a safety hazard to themselves and the motoring public. The regulations enacted in this chapter are intended to eliminate these safety hazards.

As used in this chapter, the following words and phrases shall have the following meaning:

(a) "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.

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

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

(d) "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.

(a) It is unlawful for any person occupying any vehicle, whether as a driver or passenger, in 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 is unlawful for any person to solicit the driver or occupant of a vehicle traveling within any roadway when the person making such solicitation is within the roadway.