Whittier Municipal Code Ch. 5.54 Solicitation of Employment or Business from Public Streets and Highways

For the purpose of the provisions of this chapter, the following words and phrases shall be construed to have the meanings herein set forth, unless it is apparent from the context that a different meaning is intended:

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

B. "Commercial parking area" means and includes any privately or publicly owned property which is designed or used primarily for the parking of vehicles and which adjoins one or more commercial establishments.

C. "Employment" means and includes service industry or labor performed by a person for wages or other compensation or under any contract of hire, written or oral, express or implied.

D. "Solicit" means and includes 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. As defined and used herein, 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. 2756 § 1 (part), 1999)

Editor's note— Ord. No. 2994, § 1, adopted Sept. 25, 2012, repealed § 5.54.020, which prohibited solicitation of employment or business from public streets and highways and derived from Ord. 2756, § 1(part), adopted 1999.

A. It is unlawful for any person, while in or on a commercial parking area, to solicit or attempt to solicit, employment, business or contributions from pedestrians or occupants of any motor vehicle. This section shall not apply to a solicitation of employment or business by the owner or person in lawful possession of the commercial parking area, or to any person who has obtained written permission from the owner or person in lawful possession of said commercial parking area.

B. The owner or person in lawful possession of the commercial parking area shall post or cause to be posted, at the property owner's sole cost and expense, signs which are readily visible to the general public in a form reasonably as follows:

SOLICITATION OF EMPLOYMENT, BUSINESS OR CONTRIBUTIONS ON THIS PRIVATE PROPERTY IS PROHIBITED. WMC § 5.54.040

Any violation of the provisions of this chapter shall be deemed to be an infraction, and punishable as such, notwithstanding the fact that at the discretion of the city or district attorney, the violation of any section of this chapter may be filed as a misdemeanor. The complaint charging such violation shall specify whether the violation is a misdemeanor or an infraction. Each day a violation of any provision of this chapter shall continue shall be a new and separate violation.

A violation of any of the provisions of this chapter shall constitute a nuisance and may be abated by the city through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances.

(Ord. 2756 § 1 (part), 1999)