[Adopted 3-23-1999 by Ord. No. 99-01]
As used in this article, the following terms
shall have the meanings indicated:
Those portions of Gulfport Boulevard, including the traffic
lanes, shoulders and any part of the roadway open to travel by motor
vehicles, as well as the raised medians which are located between
the intersection of Gulfport Boulevard and Pasadena Avenue and Gulfport
Boulevard and Oleander Way.
Those portions of State Road 693, including the traffic lanes,
shoulders and any part of the roadway open to travel by motor vehicles,
as well as the raised medians which are located between the intersection
of Pasadena Avenue and Park Street and the intersection of Pasadena
Avenue and Sun Island Drive.
Any individual who is not an occupant of a vehicle as that
term is defined herein and includes individuals who are walking, skating
or riding bicycles or scooters of any type.
A vehicle which is in operation with its motor running. This
term includes vehicles stopped at a traffic light but does not include
legally parked or disabled vehicles.
Includes automobiles of all types, including cars, motorcycles,
vans, trucks, buses or any other vehicle required to be licensed by
the State of Florida in order to operate on public roadways.
The City Commission following staff reports
and public hearing makes the following findings of fact:
A.
It is dangerous for a pedestrian to approach a vehicle
for the purpose of soliciting or disseminating information to occupants
of a vehicle traveling on Pasadena Avenue or on Gulfport Boulevard.
B.
A pedestrian who was soliciting contributions on Pasadena
Avenue from occupants of a vehicle was hit by a vehicle and injured.
C.
Pasadena Avenue is a six-lane divided state highway
and Gulfport Boulevard is a four-lane divided county highway.
D.
Pasadena Avenue and Gulfport Boulevard as those terms
are defined herein have not been traditionally recognized as a forum
associated with the dissemination of ideans.
E.
Pasadena Avenue is dedicated to moving vehicular traffic
and is the main north/south throughfare in South Pasadena. Gulfport
Boulevard is dedicated to moving vehicular traffic and is the main
east/west throughfare in South Pasadena.
F.
Prohibiting pedestrians from approaching vehicles
on Pasadena Avenue and Gulfport Boulevard will not pose a danger to
the free communication of ideas.
G.
There are ample alternative means of communication
in South Pasadena, including other public places such as parks and
sidewalks which are far safer public forums for communication.
It is the intent of this article to impose a
prohibition against pedestrian activities which pose a serious safety
hazard to the motoring public and the pedestrian. It is also the intent
of this article to limit the prohibition to that area of the city
where due to the width of the roadway and the speed of the traffic
the danger is highest. In addition, it is the intent of this article
to make exceptions to the prohibitions whenever safety concerns do
not exist.
It shall be a violation of this section for
any pedestrian on Pasadena Avenue or Gulfport Boulevard to attempt
to sell or distribute goods or services or to solicit donations to
or from an occupant of a vehicle traveling on Pasadena Avenue.
During any time period when Pasadena Avenue or Gulfport Boulevard is closed to regular vehicular traffic for a parade or other special event, the prohibition contained in § 176-21 shall be suspended. In addition, the prohibition contained in § 176-21 shall not be applicable to police, fire, emergency medical personnel or any person who is attempting to render aid to a disabled vehicle or injured person.
Any person, firm, corporation or agent who or which violates any of the provisions of Article V or who fails to comply therewith shall be punished as set forth in Chapter 1, General Provisions, Article II, of this Code. South Pasadena's law enforcement agency is specifically authorized to treat violations of § 176-21 as a Class IV local ordinance violation pursuant to the Pinellas County Court Uniform Fine Schedule. Any person electing to appear or who is required to appear in court shall be deemed to have waived the right to the payment of the Class IV penalty and shall be subject to whatever penalty or penalties are set by the County Court.
