For the purposes of Sections
5.24.020 and
5.24.030, the following meanings shall apply:
"Business"
means and includes any type of product, good, 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 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.
"Solicit"
means and includes any request, offer, enticement, or action
which announces the availability for or of employment, the sale of
goods, or a request for 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. As defined 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.
(Prior code § 3202; Ord. 65 § 1, 1992; Ord.
158 § 1, 1997)
A. It is
unlawful for any person, while standing in any portion of the public
right-of-way, including, but not limited to, public streets, highways,
sidewalks and driveways, to solicit, or attempt to solicit, employment,
business or contributions of money or other property from any person
traveling in a vehicle along a public right-of-way, including, but
not limited to, public streets, highways or driveways.
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, but not limited to, a public street, highway, sidewalk
or driveway.
C. The provisions of this section shall not apply to persons engaged in sidewalk vending under Chapter
5.60 of this code.
(Prior code § 3203; Ord. 65 § 1, 1992; Ord.
158 § 1, 1997; Ord. 454 § 2, 2019)
A. No person
shall solicit or attempt to solicit, employment, business or contributions
of money or other property, from a location within a commercial, parking
area other than an area within or served by such parking area which
is authorized by the property owner or the property owner's authorized
representative for such solicitations. This section shall not apply
to a solicitation to perform employment or business for the owner
or lawful tenants of the subject premises.
B. For
purposes of this section, "commercial 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.
C. This
section shall only apply to commercial parking areas where the following
occurs:
1. The
owner or person in lawful possession of the commercial parking area
has established a written policy which provides area(s) for the lawful
solicitation of employment, business or contributions or money or
other property, in locations which are accessible to the public and
do not interfere with normal business operations of the commercial
premises;
2. A
copy of the policy is submitted to the city manager to be maintained
in city files; and
3. The
owner or person in lawful possession of the commercial parking area
has caused a notice to be posted in a conspicuous place at each entrance
to such commercial parking area not less than 18 by 24 inches in size
with lettering not less than one inch in height and not to exceed
in total area, six square feet. The notice shall be in substantially
the following form:
"It is an infraction to engage in the solicitation of employment,
business or contributions of money or other property in areas of this
commercial parking lot which are not approved for such activity by
the property owner. Malibu Municipal Code Section 5.24.030."
(Prior code § 3204; Ord. 65 § 1, 1992; Ord.
158 § 1, 1997)
Violation of Sections
5.24.020 and
5.24.030 of this code is deemed to be an infraction and shall be punishable in accordance with the provisions of Section
1.16.010(B) of this code.
(Prior code § 3206; Ord. 65 § 1, 1992; Ord.
158 § 1, 1997)