The purpose of this chapter is to reasonably regulate the time, place, and manner of employment and/or business solicitation activities by pedestrians and occupants of vehicles in public rights-of-way and in public and private parking areas. These regulations are not intended to impermissibly restrict the right of free speech or alternative channels of communication, and are intended to ensure the protection of the public health and safety.
(Ord. 1374 § 1, 1998)
For the purposes of this chapter the following meanings shall apply:
"Alley"
means any highway or street not exceeding twenty-five 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 on foot.
"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 or more commercial establishments or adjoins any property in a non-residential zone, including but not limited to driveways, setbacks, and portions of those areas that are landscaped.
"Roadway"
means that portion of the street which is improved, designed, or ordinarily used for vehicular travel.
"Sidewalk"
means that portion of the highway or street other than the roadway, set apart by curbs, barriers, markings, or other delineation which is used principally for pedestrian travel.
"Solicitation for or of employment"
means and includes the following:
1. 
The act of soliciting, requesting, or announcing by any means, including, without limitation, any act or gesture, request, offer, enticement, or any other action made face to face which announces the availability for or of employment, the sale of goods, or request for a contribution of 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.
2. 
A solicitation as defined in this section shall be deemed completed when made, whether or not an actual employment relationship is created.
"Street"
means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. For the purposes of this chapter, "street" includes any highway and any parking area or lot owned or operated by the city or the Buena Park redevelopment agency.
"Vehicle"
means a vehicle as defined in California Vehicle Code Section 670 as the same now reads or may hereafter be amended.
(Ord. 1374 § 1, 1998)
A. 
It is unlawful for any person, while occupying any portion of a public right-of-way, including any street, roadway, sidewalk, parkway, alley, highway, or driveway, to solicit, or attempt to solicit, employment, business, or contributions of money or other property from any occupant of a vehicle engaged in travel along a public right-of-way including but not limited to a street, roadway, sidewalk, parkway, alley, or driveway.
B. 
It is unlawful for the occupant of any vehicle to solicit, or attempt to solicit, employment, business, or contributions of money or other property from a person who is within the public right-of-way, including any street, roadway, sidewalk, parkway, alley, or driveway.
(Ord. 1374 § 1, 1998)
A. 
Subject to subsection B of this section, no person shall solicit or attempt to solicit employment, business, or contributions of money or other property while located within a private parking area as defined in this chapter. This section shall not apply to a solicitation directed solely to the owner or lawful tenant of the subject premises.
B. 
This section shall only apply to private parking areas under the following circumstances:
1. 
The owner or person in lawful possession of the private parking area has established a written policy which provides area(s) for the lawful solicitation of employment and/or business, in posted locations which are accessible to the public and do not interfere with normal business operations conducted on the commercial premises. When such a policy exists, this section shall apply only to persons soliciting employment or business outside of an area authorized for solicitation activities by said policy. Nothing herein shall require a private property owner to permit solicitations on his or her premises; or
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 six square feet in total area. Said notice shall be in substantially the following form: "SOLICITATION OF EMPLOYMENT AND/OR BUSINESS WITHIN THIS PRIVATE PARKING LOT IS PROHIBITED."
(Ord. 1374 § 1, 1998)