HomeMy WebLinkAbout02-07 Soliciting Employment on Private PropertyORDINANCE NO. 02-1
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF COSTA MESA, CALIFORNIA,
AMENDING CHAPTER XIX OF TITLE 10 OF
THE COSTA MESA MUNICIPAL CODE
REGARDING ,SOLICITING EMPLOYMENT
ON PRIVATE PROPERTY
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1. Chapter XIX of Title 10 of the Costa Mesa Municipal
Code is hereby amended to read as follows:
"CHAPTER XIX. SOLICITATION OF EMPLOYMENT,
BUSINESS, OR CONTRIBUTIONS FROM STREETS
AND CERTAIN COMMERCIAL PARKING LOTS
Sec. 10-354. Prohibition of solicitation in public streets.
(a) It shall be unlawful for any person to stand on a street
and actively solicit employment, business, or contributions from any
person in a motor vehicle traveling along a street.
(b) It shall be unlawful for any person in a vehicle traveling
along a street to solicit employment of any person standing on a
street.
(c) This section does not apply to freeway oriented
solicitation prohibited by California Vehicle Code section 22520.5.
Sec. 10-354.1 Prohibition of solicitation in commercial parking areas.
(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.
(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) Has a size of not less than eighteen by twenty-four
inches and not exceeding a total area of six square feet.
(3) Contains 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 and the surrounding 25 feet
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 the commercial parking area and the name,
address and telephone number of the owner or the owner's property
manager agent.
Sec. 10-354.2 Definitions.
As used in this chapter:
(1) "Actively solicit" shall mean solicitation accompanied by
action intended to attract the attention of a person in a vehicle
traveling in the street which action may include, but is not
limited to, waiving arms, making hand signals, shouting to
someone in a vehicle, jumping up and down, waiving signs
pointed so as to be readable by persons in vehicles, quickly
approaching nearer to vehicles, standing close to the curb
facing vehicles in the roadway, and entering the roadway
portion of a street.
(2) "Commercial parking area" 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 and the area within 25 feet
surrounding such parking area owned by the same person.
(3) "Employment" 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.
(4) "Owner" 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.
(5) "Solicit" 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.
(6) . "Street" 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, sidewalks, driveways,
curbs, and public ways.
(7) "Traveling along a street" shall mean a vehicle being
operated on a street, excluding vehicles lawfully parked at the
edge of a street or temporarily, lawfully stopped at a marked
passenger loading zone."
Section 2. Severability.
If any chapter, article, section, subsection, subdivision, sentence,
clause, phrase, or portion of this Ordinance, or the application thereof to any
person, is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not affect
the validity of the remaining portion of this Ordinance or its application to
other persons. The City Council hereby declares that itwould have adopted
this Ordinance and each chapter, article, section, subsection, ,subdivision,
sentence, clause, phrase or portion thereof, irrespective of the fact that any
one or more subsections, subdivisions, sentences, clauses, phrases, or
portions of the application thereof to any person, be declared invalid or
unconstitutional. No portion of this Ordinance shall supersede any local,
State, or Federal law, regulation, or codes dealing with life safety factors.
Section 3. Publication.
This Ordinance shall take effect and be in full force and effect thirty
(30) days from and after its passage and, before the expiration of fifteen
(15) days after its passage, shall be published once in the NEWPORT
BEACH -COSTA MESA PILOT, a newspaper of general circulation printed and
published in the City of Costa Mesa, or, in the alternative, the City Clerk may
cause. to be published a summary of this Ordinance and a certified copy of
the text of this Ordinance shall be posted in the office of the City Clerk five
(5) days prior to the date of adoption of this Ordinance, and within fifteen
(15) days after adoption, the City Clerk 'shall cause to be published the
aforementioned summary and shall post in the office of the City Clerk a
certified copy of this Ordinance together with the names of the members of
the City Council voting for and against the same.
PASSED AND ADOPTED this Vt day of April, 2002.
l
Mayor oft e City of Costa esa
ATTEST:
Deputy City erk of the City of Costa Mesa
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
APPrVED AS TO FORM
I /
I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio Clerk of the City Council
of the City of Costa Mesa, hereby certify that the above and foregoing
Ordinance No. 02-7 was introduced and considered section by section at a regular
meeting of the City Council held on the 4th day of March, 2002, again considered
section by section at a regular meeting of the City Council held on the 18th day of
March, 2002, and thereafter passed and adopted as a whole at a regular meeting of
the City Council held on the Vt day of April, 2002, by the following roll call vote:
AYES: Dixon, Monahan, Cowan, Robinson, Steel
NOES: None
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of
the City of Costa Mesa this Vt day of April, 2002.
7
Deputy CiN Clerk and ex -officio Clerk of
the City C ncil of the City of Costa Mesa