§ 62-37. Solicitation.

(a)

Legislative declaration; purpose. Under certain circumstances, pedestrian solicitation directed at vehicles operating on a roadway creates safety hazards to the public. In addition, the presence of pedestrians on Interstates 70 and 76, on other controlled access or beltway highways, and on entrance and exit ramps thereto causes safety concerns as a result of the high rates of speed permitted and the lack of pull-off locations or vehicle parking areas that would otherwise facilitate transactions in these areas. The purpose of this ordinance [from which this section derives] is to provide for the safety of the public related to solicitation activity as described below. The city council finds this ordinance will promote pedestrian and traffic safety and is necessary to protect the health, safety, and welfare of the public.

(b)

Definitions. The following words or phrases, when used in this section, shall have the meaning ascribed to them in this section, except where the context clearly indicates otherwise:

Interstate highway means any portion of a roadway within the city that has been designated by the federal government as part of the interstate highway system, or that is a controlled access highway or beltway, and includes any entrance to or exit from that roadway.

Traveled portion of the street or highway means that portion of the road normally used by moving motor vehicle traffic.

(c)

Unlawful acts. It shall be unlawful for any person to solicit employment, business, contributions, or sales of any kind, or to collect monies for the same, from the occupant of any vehicle traveling upon any street, highway or interstate highway within the city when such solicitation or collection:

(1)

Causes the person performing the activity to enter onto the traveled portion of a street or highway; or

(2)

Is performed at a location in which vehicles cannot move into a legal parking area to safely conduct the transaction.

(d)

Penalty. Any violation of this section shall be punished by a fine or imprisonment not to exceed the limits established in section 1-5 of this code.

(Ord. No. 4679 , § 3, 3-18-2019)