The purpose of this chapter is to reasonably regulate the time, place and manner of the solicitation of employment, business and/or contributions from pedestrians and occupants of vehicles in private parking areas. These regulations are content neutral and are not intended to 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.
(§ 1, Ord. 648-NS, eff. Jan. 3, 2001, as amended by § 1, Ord. 751-NS, eff. July 20, 2005)
For the purpose of this chapter, unless otherwise apparent from the context, the following words are defined as follows:
"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 for hire, written or oral, expressed or implied.
"Occupant"
means a person who occupies a vehicle.
"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 a vehicle, as defined in this section, or traveling on a bicycle.
"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 non-residential zone, including, but not limited to, driveways, setbacks and portions of that area that are landscaped.
"Solicitation"
means and includes the following:
(1) 
The act of soliciting, requesting or announcing by any means, including, without limitation by act or gesture, a 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.
(2) 
A solicitation as defined in this section shall be deemed completed when made, whether or not an actual employment relationship is created, a transaction is completed, or an exchange of money takes place.
"Vehicle"
means a vehicle as defined in California Vehicle Code Section 670 as the same now reads or may hereafter be amended.
(§ 1, Ord. 648-NS, eff. Jan. 3, 2001, as amended by § 1, Ord. 751-NS, eff. July 20, 2005))
(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. 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, business, or contributions of money or other property in locations which are accessible to the public and do not interfere with normal business operations of the commercial premises. Nothing in this section 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 24 inches in size with lettering not less than one inch in height, but not to exceed in total area six square feet. Such notice shall be in substantially the following form:
"IT IS A MISDEMEANOR TO ENGAGE IN THE SOLICITATION OF EMPLOYMENT, BUSINESS, OR CONTRIBUTION OF MONEY OR OTHER PROPERTY IN AREAS OF THIS PRIVATE PARKING LOT."
(§ 1, Ord. 648-NS, eff. Jan. 3, 2001, as amended by § 1, Ord. 751-NS, eff. July 20, 2005))
Any person violating the provisions of this chapter shall be guilty of a misdemeanor, and any conviction thereof shall be punishable by a fine of not more than $1,000 or by imprisonment for not more than six months, or by both such fine and imprisonment. Any such person shall be deemed guilty of a separate offense for each and every act of solicitation which is a violation of this chapter.
(§ 1, Ord. 648-NS, eff. Jan. 3, 2001, as amended by § 1, Ord. 751-NS, eff. July 20, 2005)