(Ord. No. 13-03, § 1, adopted October 1, 2013, repealed § 10-354; Ord. No. 2024-09, 7/16/2024)
(a)
No person in a commercial parking area shall solicit employment, business or contributions of money where the owner has posted a sign on the premises complying with this section giving notice of the prohibition. This prohibition does not apply to walkways, plazas, or other areas adjacent to a parking area which are primarily intended for the congregation of persons and communication between persons of any kind, does not apply to premises which are intended or required by law to be open to the public for communicative purposes pursuant to Pruneyard Shopping Center v. Robins, 447 U.S. 74 (1980), and does not apply to only distribution of literature.
(b)
The sign shall comply with each of the following requirements:
(1)
Be posted in a conspicuous place making it easily viewable by persons entering or standing in the commercial parking area. Where necessary to be easily viewable due to the size or configuration of the area, more than one sign shall be posted.
(2)
Have a size of not less than 18 by 24 inches and not exceeding a total area of six square feet.
(3)
Contain a notice with lettering not less than one inch in height in substantially the following form:
"It is prohibited and illegal to solicit employment, business or contributions of money anywhere in this parking area without the owner's written authorization by order of the owner. CMMC 10-354.1"
The notice may be written in English or in English and Spanish, at the owner's discretion.
(c)
Where a sign (or signs) is posted in a commercial parking area complying with this section, there is a presumption it was posted by the owner.
(d)
An owner who has posted such a sign in a commercial parking area shall send written notification of the prohibition to the chief of police containing a map showing the legal boundaries of the owner's property and of the commercial parking area thereon and the name, address and telephone number of the owner or the owner's property manager agent.
(Ord. of 02-7, § 1, 4-1-02; Ord. No. 05-7, § 3, 4-26-05; Ord. No. 05-8, § 2, 5-3-05; Ord. No. 2024-09, 7/16/2024)
As used in this chapter:
shall mean privately owned property open to the public and used primarily for the parking of vehicles of customers, guests, and/or employees of nearby business establishments.
shall mean and include services, industry or labor performed by a person for wages, or other compensation or under any contract of hire, written, oral, express or implied.
shall mean the fee owner of a commercial parking area, the lessee of an entire commercial parking area, or the property manager agent of such fee owner or lessee.
shall mean and include any request, offer, enticement, or action which announces the availability for or of employment, the sale of goods, or other request for funds; or any request, offer, enticement or action which seeks to purchase or secure goods or employment, or to make a contribution of money. 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 takes place.
(Ord. No. 02-7, § 1, 4-1-02; Ord. No. 05-7, § 4, 4-26-05; Ord. No. 05-8, § 3, 5-3-05; Ord. No. 2024-09, 7/16/2024)