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Glendale Municipal Code: Title 9 | Chapter 17
Table of Contents
City Charter
Title 1
Title 2
Title 3
Title 4
Title 5
Title 6
Title 7
Title 8
Title 9
Title 10
Title 11
Title 12
Title 13
Title 14
Title 15
Title 16
Titles 17 - 29
Title 30
Statutory References

 


Chapter 9.17 SOLICITATION OF EMPLOYMENT, BUSINESS OR CONTRIBUTIONS OF MONEY OR OTHER PROPERTY

Sections:
9.17.010 Legislative purpose.
9.17.015 Findings.
9.17.020 Definitions.
9.17.030 Prohibition of solicitation in public right-of-way.
9.17.040 Prohibition of solicitation in unauthorized locations within private parking areas.
9.17.050 Violation-Penalty.

9.17.010 Legislative purpose.

The purpose of this chapter is to protect the health and welfare of the general public and promote safer and more efficient traffic flow in industrial and commercial zones by reasonably regulating the time, place and manner of the solicitation of employment and/or business from pedestrians and occupants of vehicles on the public right-of-way and in public and private parking areas. These regulations are content neutral and are not intended and do not restrict the right of free speech or alternative channels of communication. (Ord. 5401 (part), 2004: Ord. 5132 § 1, 1996)

9.17.015 Findings.

The council of the city finds, determines and declares that the approaching and solicitation by pedestrians directed to the occupants of vehicles which are located in the public right-of-ways and roadways has caused a significant public safety risk by causing vehicles to stop, impede and block the flow of traffic in travel lanes within or adjacent to industrial or commercial zones and that it will be in the interest of the public health, safety and welfare to restrict the solicitation acts that occur in, within or directly affect traffic conditions upon any public street, roadway or al-lye within the city. (Ord. 5401 (part), 2004)

9.17.020 Definitions.

For the purpose of this chapter, the following meanings shall apply:

“Alley” means any highway or street not exceeding twenty-five (25) feet in width which is primarily used for access to the rear or side entrances of abutting property.

“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.

“Employment” means the 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.

“Occupant” means a person who occupies a vehicle.

“Parkway” means that portion of a street or highway other than the roadway or the sidewalk. In general terms, the space between the street and the sidewalk.

“Pedestrian” means any individual who is utilizing a public street, sidewalk, roadway, alleyway or public or private parking area while traveling without the benefit of any vehicle as defined herein or traveling on a bicycle as defined by Section 10.60.010 of this code.

“Person” means any individual, company, corporation, association, business or other legal entity.

“Private parking area” means privately owned property which is designed or used primarily for the parking of vehicles and which adjoins one (1) or more commercial establishments or adjoins any property in a nonresidential zone, including, but not limited to, driveways, setbacks and portions of that area that are landscaped.

“Roadway” means that portion of the street that is improved, designed or ordinarily used for vehicular travel. “Roadway” does not include sidewalks, parkways, alleys, curbs, or driveways.

“Solicit” or “solicitation” means:

1. The act of making a request, offer or announcement by use of the spoken word, bodily act or gesture;

2. A solicitation as defined in this section shall be deemed completed when made, whether or not an employment relationship is created;

3. It shall not constitute solicitation for a pedestrian to make a request or announcement using signs or delivering flyers or leaflets.

“Street” means a way or place of whatever nature, publicly maintained and open to the use of the public for purpose of vehicular travel. For the purposes of this chapter, “street” includes highway and any parking area or lot owned or operated by city or the Glendale Redevelopment Agency. “Street” does not include sidewalks, parkways, alleys, curbs, or driveways.

“Vehicle” means a vehicle as defined in California Vehicle Code Section 670 as the same now reads or may hereafter be amended. (Ord. 5622 (part), 2008: Ord. 5401 (part), 2004: Ord. 5132 § 2, 1996)

9.17.030 Prohibition of solicitation in public right-of-way.

A. No person shall stand in or on any street, roadway, curb, or highway that is within, or immediately adjacent to, any industrial or commercial zone within the city and solicit employment, business or contributions of money or other property from the occupant of any vehicle that is traveling upon any public street, roadway, alley, or highway or is stopped in or blocking a lane of traffic. This section does not prohibit any solicitation that is directed at the occupant of a vehicle that is stopped at the side of the roadway and out of the lanes of traffic.

B. No person, while the occupant of any vehicle that is traveling upon any public street, roadway, alley, or highway or is stopped in or blocking a lane of traffic, shall solicit employment, business or contributions of money or other property from a person who is on or within any street, roadway, curb, or highway that is within, or immediately adjacent to, any industrial or commercial zone within the city.

C. This section shall not apply to peddlers or other vendors who have a permit and/or license pursuant to Title 5. (Ord. 5622 (part), 2008: Ord. 5401 (part), 2004: Ord. 5132 § 3, 1996)

9.17.040 Prohibition of solicitation in unauthorized locations within private parking areas.

A. No person shall solicit or attempt to solicit employment, business or contributions of money or other property from a location within a private parking area as defined in this chapter. This section shall not apply to a solicitation to perform employment or business for the owner or lawful tenants of the subject premises.

B. This section shall only apply to private parking areas when the following occurs:

1. The owner or person in lawful possession of the private parking area establishes a written policy which provides area(s) for the lawful solicitation of employment and/or business, in locations which are accessible to the public and do not interfere with normal business operations of the commercial premises. Nothing herein shall require a private property owner to permit solicitations at their premises.

2. The owner or person in lawful possession of the private parking area has caused a notice to be posted in a conspicuous place at each entrance to such private parking area not less than eighteen by fourteen inches in size with lettering not less than one inch in height, but not to exceed in total area six square feet. Said notice shall be in substantially the following form: "It is a misdemeanor to engage in the solicitation of employment, and/or business in areas of this private parking lot which are not approved for such activity by the property owner." (Ord. 5132 § 4, 1996)

9.17.050 Violation-Penalty.

Any person or occupant of a vehicle violating the provisions of this chapter shall be guilty of a misdemeanor, punishable as set forth in Section 1.20.010A of this code. Any such person or occupant shall be deemed guilty of a separate offense for each and every act of solicitation which is a violation of this chapter. (Ord. 5132 § 5, 1996)

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