(a) 
The activity of soliciting employment, business or contributions from occupants of vehicles distracts drivers from their primary duties to watch traffic and to avoid potential hazards in the roadway, including pedestrians, to observe all traffic-control signals or warnings, and to prepare to move through the city’s streets and intersections.
(b) 
The practice of soliciting employment, business or contributions from occupants of vehicles impedes the flow of traffic on the streets within the city, results in the delay and obstruction of the public’s free flow of travel, and results in congestion and blockage of the streets, driveways to parking areas, and sidewalks when persons approach vehicles to negotiate with the occupants.
(c) 
Distracted drivers are more prone to automobile accidents which constitute a substantial traffic safety problem which impedes and prevents the orderly flow of traffic, and is unsafe for the person engaging in the solicitation, pedestrian traffic, and the traffic in general.
(d) 
The city council does hereby adopt the following regulations to hereafter control such traffic hazards, in order to provide for the safe, orderly flow of traffic, improve the safety for those drivers traveling the roadways within the corporate limits and improve pedestrian safety, especially children’s safety, along the city’s streets.
(Ordinance 721 adopted 5/18/15)
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Arterial roadway.
Those roadways designated as such by the transportation master plan.
Cause.
Aid, direct, hire, encourage, permit or allow.
Curb.
The lateral lines of a roadway, whether constructed above grade or not, which are not intended for vehicular travel.
Improved shoulder.
A paved shoulder.
Public right-of-way.
Real property:
(1) 
Owned by a governmental entity or owned by a non-governmental entity or person and dedicated to public use;
(2) 
Including but not limited to sidewalks, medians, curbs, shoulders, improved shoulders, walkways, paths and any other area so owned, dedicated, used or reserved for public use, including but not limited to use by vehicles, pedestrians and public utilities; and
(3) 
That is in the area extending from the right and left of the centerline of a public street, roadway or highway to the nearest property line which marks the juncture of private property and public right-of-way.
Roadway.
That portion of the public street that is improved, designed or ordinarily used for vehicular travel, exclusive of the curb, berm or shoulder. In the event that a public street includes two or more separate roadways, the term “roadway” shall mean each roadway separately.
Shoulder.
The portion of a highway that is:
(1) 
Adjacent to the roadway;
(2) 
Designed or ordinarily used for parking;
(3) 
Distinguished from the roadway by different design, construction, or marking; and
(4) 
Not intended for normal vehicular travel.
Sidewalk.
That improved surface which is between the curblines, or lateral line of a roadway, and the adjacent property line, and is designed, intended or ordinarily used for pedestrian travel.
Street or highway.
The entire width between the public right-of-way lines, including but not limited to frontage roadways of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
Traffic median.
A paved or planted area of public right-of-way dividing a street or highway into lanes according to the direction of travel and shall be held to include the curb, if any, at the outer edge of said area.
Vehicle or motor vehicle.
The same meaning as defined under V.T.C.A., Transportation Code, section 541.201.
(Ordinance 721 adopted 5/18/15)
A person commits an offense if he promotes, advertises, sells, distributes, or solicits financial assistance, employment, transportation, donations, money, goods or any other service, property or product:
(1) 
Upon or within the public right-of-way of an interstate highway, state highway, farm-to-market road or any arterial roadway; or
(2) 
Upon or within the public right-of-way within 250 feet of an intersection of a street or roadway crossing of such interstate highway, state highway, farm-to-market road, or arterial roadway.
(Ordinance 721 adopted 5/18/15)
It shall be unlawful for a person to knowingly cause a child 12 years of age or younger to stop, stand, sit, walk upon or occupy any portion of a public right-of-way for the purpose of promoting, advertising, selling, distributing, or soliciting financial assistance, employment, transportation, donations, money, goods or any other service, property or product to or from occupants of motor vehicles or pedestrians.
(Ordinance 721 adopted 5/18/15)
A person commits an offense if he solicits in the public right-of-way that is within 1,000 feet of any public or private elementary or secondary school between the hours of 7:30 a.m. and 4:30 p.m. on days when such school is in session. The measurement of the distance shall be from the nearest property line of the public or private elementary or secondary school.
(Ordinance 721 adopted 5/18/15)
A person may solicit charitable contributions from an occupant of a vehicle. A charitable contribution means a contribution to an organization defined as charitable by the standards of the United States Internal Revenue Service.
(1) 
A person seeking authorization under this section shall file a written application for a permit from the city police department not later than 7 days before the solicitation is to begin. The application shall include the date, location, name and number of solicitors.
(2) 
The city, by acting under this section or section 552.007 of the Texas Transportation Code, does not waive or limit any immunity from liability applicable under law to municipalities. The issuance of an authorization under this subsection is a governmental function of the authority.
(Ordinance 721 adopted 5/18/15)
This section does not relieve responsibility for compliance with V.T.C.A., Transportation Code ch. 552, pedestrians, or any other statute or ordinance that may be applicable.
(Ordinance 721 adopted 5/18/15)