A.
Purpose
and findings. The purpose of this chapter is to promote public traffic
safety by prohibiting the solicitation of occupants of motor vehicles
in the public right-of-way. The City finds and determines as follows:
1.
The
activity of soliciting employment, business, or contributions by or
from occupants of motor vehicles distracts drivers from their primary
duty to watch traffic and potential hazards, observe traffic controls,
and prepare to move through City streets.
2.
Distracted
drivers are more prone to have automobile accidents. Such accidents
further impede the orderly flow of traffic and pose risks to persons
engaged in the act of solicitation.
B.
Prohibition
of solicitation in public right-of-way streets and medians. It is
unlawful for any person, while standing in any portion of the public
right-of-way, including, but not limited to, public streets, medians,
highways, sidewalks, and driveways to solicit, or attempt to solicit,
employment, business, or contributions of money or other property
from any person traveling in a vehicle along a public right-of-way,
including, but not limited to, public streets, highways, or driveways.
C.
Definitions.
As used in this chapter, the following words shall have the following
meanings:
1.
"Employment"
means and includes services, industry, or labor performed by a person
for wages or other compensation, or under any contract of hire; written,
oral, express, or implied.
2.
"Solicit"
means and includes any request, offer, enticement, or action that
announces the availability for, or of employment, the sale of goods,
services, or other request for funds; or any request, offer, enticement,
or action that seeks to purchase or sell goods or employment, or to
cause a contribution of money, or other property, to be made. 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 takes place.
D.
Violations
and penalties. Any violation of the provisions of this chapter may
be prosecuted as an infraction or a misdemeanor.
(2339 § 1, 1995; 2802 § 1, 2011)
