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. 5132 § 1, 1996; Ord. 5401, 2004)
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 rights-of-way 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 alley within the city.
(Ord. 5401, 2004)
For the purpose of this chapter, the following meanings shall
apply:
“Alley”
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.
“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.
“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 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. 5132 § 2, 1996; Ord. 5401, 2004; Ord. 5622, 2008)
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. 5132 § 3, 1996; Ord. 5401, 2004; Ord. 5622, 2008)
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)