The purpose of this chapter is to regulate the place and manner
of solicitations of and for any funds, business or employment within
commercial parking areas. These regulations are not intended to restrict
the right of free speech, but to ensure the protection of the public
health, safety and general welfare. All administrative and enforcement
interpretations and discretion is to be exercised consistent with
the purposes and intent stated in this chapter.
(Ord. 978 § 2, 2011)
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 other form of
consideration.
means all private property comprising the off-street parking
area on property zoned commercial or industrial that is generally
held open for the use of the public for the purposes of vehicular
parking, including, but not limited to, setbacks and portions that
are landscaped.
means and includes services, industry or labor performed
by a person for wages, or other compensation or under any contract
of hire, written, oral, express or implied.
means the area of a public street that lies between the curb
and the adjacent property line or physical boundary definition (such
as a sidewalk), which is used for landscaping and/or passive recreational
purposes.
means the owner or person in lawful possession of a commercial
parking area.
includes, but is not limited to, any request for, or offer
of, money, services, property, an enticement or action which announces
the availability for or of employment, the sale of goods, 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. 978 § 2, 2011)
A.
No
person in a commercial parking area shall solicit employment, business
or contributions of money where the responsible person has posted
a sign on the premises complying with this section giving notice of
the prohibition. This prohibition does not apply to walkways, plazas,
parkways, or other areas adjacent to a parking area, which are primarily
intended for the congregation of persons and communication between
persons of any kind, does not apply to premises which are intended
or required by law to be open to the public for communicative purposes
pursuant to "Pruneyard Shopping Center v. Robins," 447 U.S. 74 (1980),
and does not apply to only distribution of literature.
B.
The
sign shall comply with each of the following requirements:
1.
Be
posted in a conspicuous place making it easily viewable by persons
entering or standing in the commercial parking area. Where necessary
to be easily viewable due to the size or configuration of the area,
more than one sign shall be posted;
2.
Have
a size of not less than eighteen by twenty-four inches and not exceeding
a total area of six square feet;
3.
Contain
a notice with lettering not less than one inch in height in substantially
the following form:
It is prohibited and illegal to solicit employment, business
or contributions of money anywhere in this parking area without the
owner's written authorization by order of the owner. SMC 10.28.030(A).
The notice may be written in English or in English and another
language(s), at the responsible person's discretion.
C.
Where
a sign (or signs) is posted in a commercial parking area complying
with this section, there is a presumption it was posted by the responsible
person.
D.
A responsible
person who has posted such a sign in a commercial parking area shall
send written notification of the prohibition to the chief of police
services containing a map showing the legal boundaries of the owner's
property and of the commercial parking area thereon and the name,
address and telephone number of the responsible person or the responsible
person's property manager or agent.
(Ord. 978 § 2, 2011)
Any person violating the provisions of this chapter shall be punishable as set forth in Chapter 1.10 of this code. Any such person shall be deemed guilty of a separate offense for each and every act of solicitation that is a violation of this chapter.
(Ord. 1014 § 2, 2013)
