This chapter shall be known as the ordinance to prohibit solicitation of persons for employment, business or contribution between vehicles in the roadway and persons within the public right-of-way- and unauthorized locations within commercial parking areas. (Ord. 12352 § 2 (part), 2001)

The definitions set forth in this section shall govern the application and interpretation of this chapter:
“Business” shall mean and include any type of product, good, services, 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.
“Commercial parking area” shall mean and include privately-owned property which is designed or used primarily for the parking of vehicles and which adjoins one or more commercial establishments.
“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.
“Public right-of-way” shall mean and include public streets, highways, and sidewalks, including driveways.
“Solicit” shall mean and include 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 take 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. (Ord. 12352 § 2 (part), 2001)

It is unlawful for any person, while the occupant of any vehicle, to solicit, or attempt to solicit persons for employment, business or contribution of money or other property from a person who is within the public right-of-way unless otherwise licensed by the city. (Ord. 12352 § 2 (part), 2001)

A. It is unlawful for any person, while the occupant of any vehicle, to solicit or attempt to solicit, employment of persons, business or contribution 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. 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 establishes a written policy which provides area(s) for the lawful solicitation of employment of persons, 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;
2. A copy of such 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 eighteen (18) by twenty-four (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 a misdemeanor for any person, while the occupant of any vehicle, to engage in the solicitation of persons for 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.

(Ord. 12352 § 2 (part), 2001)

A violation of this chapter is a misdemeanor and shall be punishable by fines or imprisonment in the county jail as provided in Oakland Municipal Code, Title 1, Chapter 1.28, Section 1.28.010. (Ord. 12352 § 2 (part), 2001)

This chapter shall be enforced to the full extent of the authority of the city of Oakland. If any section, subsection, sentence, clause, phrase or portion of the ordinance codified in this chapter 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 the ordinance codified in this chapter. The City Council of the city of Oakland declares that it would have adopted the ordinance codified in this chapter and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsection, sentence, clause, phrase or portion may be declared invalid or unconstitutional. (Ord. 12352 § 2 (part), 2001)