Note: Prior ordinance history: Ord. 1262.
The purpose of this chapter is to regulate the time, place and manner of the solicitation of and solicitation for employment on streets and highways, public areas and nonresidential parking areas. These regulations are not intended to restrict the right of free speech or alternative channels of communication, but to ensure the protection of the public health, safety and general welfare.
(Ord. 1270 § 1, 1993)
"Employment"
means any offer or exchange or consideration for labor, industry or other personal services, including part-time or temporary services, for wages or other compensation.
"Nonresidential parking area"
means all private property comprising the parking area adjoining nonresidential premises, including but not limited to driveways, setbacks and portions that are landscaped.
"Public area"
means any property of the city maintained for beach, park, city hall or other civic purposes.
"Solicit" or "hire"
means any request, offer, announcement, enticement or other action or gesture which induces another person to reasonably believe that his or her services are being sought or are being made available for hire, whether or not an actual employment relationship is created.
"Street or highway"
means all of the area dedicated to public use for public street purposes and shall include, but not be limited to, roadways, parkways, medians, alleys, sidewalks, curb and other public ways.
"Vehicle"
means a vehicle as defined in California Vehicle Code Section 670 as the same now reads or may hereafter be amended.
(Ord. 1270 § 1, 1993)
(a) 
It is unlawful for any person to engage in the solicitation of and solicitation for employment on any street or highway.
(b) 
This section shall not apply to any portion of any street or highway designated by resolution of the city council and conspicuously signed and posted where solicitation of and solicitation for employment is to be permitted.
(c) 
This section shall not be construed so as to prohibit a business establishment or property owner from soliciting or hiring employees at or on his, her or its premises. For the purpose of this section, vehicles and other similar types of mobile locations shall not be considered a business establishment or premises.
(Ord. 1270 § 1, 1993)
(a) 
It is unlawful for any person to engage in the solicitation of or solicitation for employment on any public area.
(b) 
This section shall not apply to any portion of any public area designated by resolution of the city council and conspicuously signed and posted, in both the English and Spanish languages, where solicitation of and solicitation for employment is to be permitted.
(Ord. 1270 § 1, 1993)
(a) 
It is unlawful for any person to engage in the solicitation of or solicitation for employment on any nonresidential parking area other than to perform the employment on or for the owner or occupants of the adjoining premises.
(b) 
This section shall not be operative unless the owner, the owner's agent or the person in lawful possession of the nonresidential parking area has caused a notice to be posted in a conspicuous place at each entrance to such nonresidential parking area not less than eighteen by twenty-four inches in size with lettering not less than one inch in height and not to exceed in total area six square feet. The content of such notice shall be in substantially the following form, in both the English and Spanish languages:
It is a misdemeanor to engage the solicitation of or solicitation for employment other than to perform the employment on or for the owner or occupants of the premises. (L.B.M.C. 8.10.060.)
(Ord. 1270 § 1, 1993)
Any person violating the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of up to one thousand dollars or by imprisonment in the county jail for a term up to six months, or both such fine and imprisonment. Such person shall be deemed guilty of separate offenses for each and every day a violation of this chapter is committed or continued by such person.
(Ord. 1270 § 1, 1993)