For the purposes of this chapter, the following words shall
have the meanings ascribed below:
shall be defined as designated in Section 235 of the California
State Vehicle Code.
shall mean any property held by private interests which is
used primarily for business, commercial, or recreational purposes.
shall mean any property owned or maintained by the City of
San Juan Capistrano.
shall mean any request, offer, enticement, or other action
or gesture which induces another person to reasonably believe that
his or her services are being sought or available for hire.
shall include any offer or exchange of consideration for
labor or other personal services, including part-time or temporary
services.
shall mean all of the area dedicated to public use for public
street purposes and shall include, but not be limited to, roadways,
parkways, medians, alleys, curbs, and public ways.
(§ 1, Ord. No. 735)
It shall be unlawful and subject to punishment in accordance with Section 5-25.07 of this chapter, for any person to offer or solicit employment, business or contributions in or on any public or private property when the same has been designated by resolution of the City Council and posted as a “no soliciting” area.
(§ 1, Ord. No. 735)
The City Council may, upon review and recommendation by the City Engineer, designate any public roadway or other public property as a “no soliciting” area. The City Council shall designate such area by resolution and order the posting of appropriate signage in accordance with Section 5-25.05 of this chapter.
(§ 1, Ord. No. 735)
The City Council may, by resolution, designate any private property
within a business district, or which is primarily used for commercial
or recreational purposes, as a “no soliciting” area. The
City Council may so designate this private property subject to the
following:
(a)
If
the property is owner-occupied property, the property owner shall
submit a written petition of application requesting a designation
of a “no soliciting” area.
(b)
If
the property is occupied by tenants of the owner, either:
(i)
The property owner shall submit a written petition of application
requesting designation of a “no soliciting” area; or
(ii)
The tenants shall submit a written petition of application by a majority
of the tenants on the property supporting a designation of a “no
soliciting” area, and the application shall also contain written
consent of the property owner.
(c)
The
City Clerk shall cause notice of City Council consideration of this
application to be mailed to all tenants in the subject private property
as well as to the owner at least five days prior to City Council consideration.
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The City Council may approve or deny the request for designation
of the “no soliciting” area.
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(§ 1, Ord. No. 735)
Any decision by the City Council to designate any public or
private area as a “no soliciting” area shall be based
upon the following findings:
(a)
That
the act of solicitation at the specified area and location is detrimental
to the public health, safety or welfare; and
(b)
That
there exists within reasonable proximity of the specified “no
soliciting” area alternative locations where solicitation of
employment, business or contributions is not similarly restricted.
(§ 1, Ord. No. 735)
Prior to the enforcement of the prohibition on solicitation,
the area so designated shall be posted with signs which provide, in
Spanish and English, substantially as follows:
NO SOLICITING
Solicitation of employment, business or contributions is prohibited at this [describe] location by the San Juan Capistrano Municipal Code, Section 5-25.02. Any violation is punishable by a fine of $100.00 on a first offense.
Such prohibition shall apply to the property or area so designated
once posted in plain view at all entrances to the property or area,
and on signs which are not less than 17 inches by 21 inches high in
size with lettering not less than one inch in height.
(§ 1, Ord. No. 735)
The City Council may, by resolution, establish fees for the
receipt and processing of applications and petitions for “no
soliciting” areas. In addition, the City Council may, by resolution,
establish fees sufficient to cover the costs of developing, printing
and posting the areas designated pursuant to this chapter.
(§ 1, Ord. No. 735)
Any violation of this chapter is deemed an infraction, punishable by a fine of $100. A second violation of this chapter shall be punishable by a fine of $200, and a third and subsequent violation shall be deemed a misdemeanor punishable in accordance with Title 1, Section 1-2.01 to 1-2.08 of the San Juan Capistrano Municipal Code.
(§ 1, Ord. No. 735)
(a)
It
shall be unlawful for any person to stand on any designated and posted
street or highway and solicit, or attempt to solicit, employment,
business, or contributions from an occupant of any motor vehicle.
(b)
It
shall be unlawful for any person to stop, park or stand a motor vehicle
on any designated and posted street or highway from which any occupant
attempts to hire or hires for employment another person or persons.
(§ 1, Ord. No. 735)
