The purpose of this chapter is to reasonably regulate 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, and are intended
to ensure the protection of the public health and safety.
(Ord. No. 977, § 2, 5-26-98)
For the purpose of this chapter, the following meanings shall
apply:
means any highway or street not exceeding 25 feet in width
which is primarily used for access to the rear or side entrances of
abutting property.
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.
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.
means a person who occupies a vehicle.
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.
means any individual who is utilizing a public street, sidewalk, roadway, alleyway or public or private parking area while travelling without the benefit of any vehicle as defined herein or travelling on a bicycle as defined by section 4-1 of this Code.
means any individual, company, corporation, association,
business or other legal entity.
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 that area that are landscaped.
means that portion of the street which is improved, designed
or ordinarily used for vehicular travel.
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.
means and includes the following:
The act of soliciting, requesting or announcing by any means,
including, without limitation by act or gesture, request, offer, enticement
or any other action 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.
A solicitation as defined herein shall be deemed completed when
made, whether or not an actual employment relationship is created.
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 Cypress Redevelopment
Agency.
means a vehicle as defined in California Vehicle Code Section
670 as the same now reads or may hereafter be amended.
(Ord. No. 977, § 2, 5-26-98)
(a)
It is
unlawful for any person, while standing in any portion of the public
right-of-way, including a street, roadway, sidewalk, parkway, alley,
highway, and driveway, to solicit or attempt to solicit, employment,
business or contributions of money or other property from any person
travelling in a vehicle along a public right-of-way including, but
not limited to, a street, roadway, sidewalk, parkway, alley or driveway
in a manner that obstructs, impedes or interferes with the lawful
movement of vehicular or pedestrian traffic.
(b)
It is
unlawful for any person while 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
in a manner that obstructs, impedes or interferes with the lawful
movement of vehicular or pedestrian traffic.
(Ord. No. 977, § 2, 5-26-98; Ord. No. 1133, § 1, 5-29-12)
(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 18 by 14 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."
(Ord. No. 977, § 2, 5-26-98)
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 1-7 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. No. 977, § 2, 5-26-98)
