(a) 
It shall be unlawful for any person to distribute, sell or offer for sale or distribution any goods, wares, merchandise or service, or solicit a ride, employment, donations, contributions or business, within a roadway, or on any median or traffic island within the right-of-way of any street or highway within the city.
(b) 
For purposes of subsection (a), “roadway” is defined as that portion of a street or highway designed, improved or ordinarily used for vehicular travel, typically delineated by curbs, edgelines or the edge of pavement.
(Ordinance 727 adopted 10/14/03; 2004 Code, sec. 8.901)
(a) 
It shall be unlawful for any person to distribute or sell or offer for sale or distribution any goods, wares or merchandise, or solicit a ride, employment, donations or contributions, by a direct transaction or exchange with the occupant of any vehicle stopped or traveling on any street or highway within the city.
(b) 
An offense under subsection (a) above occurs when the offer, solicitation or distribution is made, regardless of whether a transaction is completed.
(Ordinance 727 adopted 10/14/03; 2004 Code, sec. 8.902)
In this division:
Aggressive or intimidating manner.
(1) 
To approach or speak to a person in such a manner as would cause a reasonable person to believe that the person is being threatened with:
(A) 
Imminent bodily injury; or
(B) 
The commission of a criminal act upon the person or another person, or upon property in the person’s immediate possession;
(2) 
To persist in a solicitation after the person solicited has given a negative response; or
(3) 
To block, either individually or as part of a group of persons, the passage of a solicited person.
Automated teller machine.
A machine, other than a telephone:
(1) 
That is capable of being operated by a customer of a financial institution;
(2) 
By which the customer may communicate to the financial institution a request to withdraw a benefit for the customer or for another person directly from the customer’s account or from the customer’s account under a line of credit previously authorized by the financial institution for the customer; and
(3) 
The use of which may or may not involve personnel of a financial institution.
Exterior public pay telephone.
Any coin or credit card reader telephone that is:
(1) 
Installed or located anywhere on a premises except exclusively in the interior of a building located on the premises; and
(2) 
Accessible and available for use by members of the general public.
Public transportation stop.
An area officially marked and designated as a place to wait for a bus, a light rail vehicle, or any other public transportation vehicle that is operated on a scheduled route with passengers paying fares on an individual basis.
Self-service carwash.
A structure:
(1) 
At which a vehicle may be manually washed by its owner or operator with equipment that is activated by the deposit of money in a coin-operated machine or a station of vacuums used in the cleaning a vehicle, whether coin-operated or not; and
(2) 
That is accessible and available for use by the general public.
Self-service fuel pump.
A fuel pump:
(1) 
From which a vehicle may be manually filled with gasoline or other fuel directly by its owner or operator, without the aid of an employee or attendant of the premises at which the fuel pump is located; and
(2) 
That is accessible and available for use by the general public.
Solicitation.
To ask, beg or plead, whether orally or in written or printed manner or with an object, for the purpose of receiving contributions, alms, charity, or gifts of items of value for oneself or another person.
Solicitation-free zone.
Any area or structure which provides any service, retail sales or entertainment for the general public and includes any parking lot used for customer parking associated with those areas or structures.
Sunrise.
The time of day published by the United States Naval Observatory as the time for sunrise on a particular day in the city.
Sunset.
The time of day published by the United States Naval Observatory as the time for sunset on a particular day in the city.
(Ordinance 1016 adopted 10/22/13; 2004 Code, sec. 8.1101)
(a) 
A person commits an offense if he conducts a solicitation in an aggressive or intimidating manner.
(b) 
A person commits an offense if he conducts a solicitation in any outdoor area in the city at any time after sunset and before sunrise on any day of the week. It is a defense to prosecution under this subsection if the solicitation:
(1) 
Consists exclusively of passive, nonverbal acts; or
(2) 
Was being conducted on the property with the advance written permission of the owner, manager or other person in control of the property.
(c) 
A person commits an offense if he conducts solicitation at any time within a solicitation-free zone. It is an affirmative defense to prosecution under this subsection if the solicitation was being conducted on property with advance written permission of the owner, manager, or other person in control of the property.
(d) 
A person commits an offense if he conducts a solicitation of any person within 30 feet of:
(1) 
An automated teller machine;
(2) 
An entrance or exit of a bank, credit union, or other similar financial institution;
(3) 
An exterior public pay phone;
(4) 
A self-service carwash;
(5) 
A self-service fuel pump;
(6) 
A public transportation stop; or
(7) 
An outdoor dining area of a fixed food establishment.
(Ordinance 1016 adopted 10/22/13; 2004 Code, sec. 8.1102)
For the purpose of section 8.05.032(d), measurement will be made in a straight line, without regard to intervening objects or structures, from the nearest point at which a solicitation is being conducted to whichever is applicable of the following:
(1) 
The nearest entrance or exit of a facility in which an automated teller machine is enclosed or, if the machine is not enclosed in a facility, to the nearest part of the automated teller machine;
(2) 
The nearest entrance or exit of a bank, credit union, or other similar financial institution;
(3) 
The nearest part of an exterior public pay phone;
(4) 
The nearest part of a structure of a self-service carwash;
(5) 
The nearest part of a self-service fuel pump;
(6) 
The nearest point of any sign or marking designating an area as a public transportation stop; or
(7) 
The nearest part of any table in an outdoor dining area or, if the outdoor dining area is contained within a covered patio, the nearest part of that patio.
(Ordinance 1016 adopted 10/22/13; 2004 Code, sec. 8.1103)
In addition to any enforcement action by a peace officer for a violation of this division, any person who is a victim of a solicitation prohibited under this division, or who witnesses a violation of this division, may file a complaint with the police department.
(Ordinance 1016 adopted 10/22/13; 2004 Code, sec. 8.1104)
An offense under thiss division is punishable by a fine in accordance with the general penalty provided in section 1.01.009 of this code.
(Ordinance 1016 adopted 10/22/13; 2004 Code, secs. 8.1105; Ordinance adopting 2021 Code)