Tustin Municipal Code Part I Regulation of Solicitation Activity in Public Rights-of-Way

The City Council finds that it is necessary to regulate the solicitation activity of pedestrians and motor vehicle occupants who utilize certain public rights-of-way based upon the following findings:

(1) The City of Tustin has experienced negative secondary impacts arising out of solicitation activities of pedestrians and passing motorists who utilize certain public rights-of-way as documented in a Police Department report provided to the City Council. These impacts consist of traffic hazards caused by: the distraction of automobile drivers observing solicitation activity or otherwise stopping or slowing in traffic lanes; solicitors' physical obstruction of vehicular traffic flow by walking randomly into streets to solicit passing motorists. Additional problems emanating from this solicitation activity include littering, public urination, interference with pedestrian access to public sidewalks, and interference with on-site commercial business operations. These secondary impacts are found to be a nuisance condition requiring reasonable restrictions to mitigate potential impacts from such nuisance conditions.

(2) The City Council takes notice of the fact that other local municipalities, such as the cities of Orange and Newport Beach, and nationwide have experienced similar impacts from solicitation in public rights-of-way aimed at passing motorists. The City of Orange conducted an extensive analysis of such impacts in a study and report to the City Council resulting in the enactment of an ordinance which establishes City of Orange regulations restricting solicitation activity at certain public rights-of-way. The Orange ordinance makes specific findings that solicitation on public rights-of-way, upon which vehicle parking is prohibited or restricted, causes significant traffic hazards. That analysis and ordinance provides a further factual basis to support the enactment of regulations restricting solicitation activity in certain public rights-of-way as further set forth in this chapter.

(Ord. No. 1412, Sec. I, 5-15-12)

As used in this Chapter, the following words and phrases shall have the following meanings:

"Charitable solicitation activity" means commercial sales or requests for charitable contributions on behalf of a nonprofit organization, including e.g., patriotic, philanthropic, social services, welfare, benevolent, educational, religious, civil, or fraternal, either actual or purported.

"Commercial property" means any real property held, owned, or controlled by private interests and which is zoned by the city for any form of business enterprise, including, but not limited to, retail, office, commercial, or industrial, or recreational purpose.

"Contribution" means the giving of anything of value, including money, property, or any type of financial assistance, or the pledging of anything of value, including money, property, or other type of financial assistance, or the purchasing or offering to purchase anything of value, including, but not limited to, goods, services, books, real property, pamphlets, tickets, or subscriptions to publications.

"Employment" shall mean services, industry or labor performed by a person for wages or other compensation or under contract of hire, whether written, oral, expressed or implied.

"Occupants of motor vehicles" shall mean the driver and passengers of the vehicle.

"Person" means any individual, firm, partnership, joint venture, association, social club, league, fraternal organization, joint stock company, estate, trust, corporation, or any other group acting as a unit.

"Solicit", "solicitation", or "solicitation activity" shall mean and include, but not [be] limited to, any request, offer, enticement, or other action which announces the availability of employment, the sale of goods, services, or requests for funds, petition gathering; or any request, offer, enticement or action which seeks to purchase or sell goods, or to cause a contribution of money or other property to be made. As defined herein, a solicitation shall be deemed complete when made whether or not an actual transaction of any type is completed, or exchange of money, including charitable contributions, takes place.

(Ord. No. 1412, Sec. I, 5-15-12)

(a) Solicitation prohibited when conducted from sidewalks and driveways where vehicle parking is not legally permitted. It shall be unlawful for any person, while standing in any portion of a public sidewalk or driveway, to engage in solicitation activity with any person traveling in a vehicle along any public street or highway which has been designated by the City as a prohibited parking area or no parking zone.

(b) Solicitation prohibited when conducted within public streets and medians. It shall be unlawful for any person while standing within any public street or highway or public median to engage in solicitation activity with any person in a vehicle in the public right-of-way, including, but not limited to, a public street, highway, sidewalk, or driveway.

(c) Prohibition of solicitation by occupants of vehicles. It shall be unlawful for any occupant of a vehicle to engage in solicitation activity with a person who is within a public street or highway which has been designated by the City as a prohibited parking area or no parking zone.

(Ord. No. 1412, Sec. I, 5-15-12)

The City shall post signs in the public right-of-way to notify the public of the prohibitions of Section 5802.

(Ord. No. 1412, Sec. I, 5-15-12)