§ 19-51. Panhandling.

(a)

Intent. It is the intent of this section to protect the health safety and general welfare of the citizens of the city to assure the free, orderly undisrupted movement of motorized vehicles on public roads within the city, and to provide for safety in the interest of pedestrians and occupants of motorized vehicles located on public roads within the city. This section is intended to apply evenhandedly to all persons who engage in the activities proscribed herein, regardless of their message. This section is intended to be narrowly-tailored to serve the significant government interest of public safety, and to leave open ample alternative channels of displaying advertising, distributing goods and materials, and soliciting business and charitable contributions.

(b)

Findings and determinations.

(1)

The city commission of the city hereby finds and determines that mixing pedestrians and temporarily stopped motor vehicles in the same space at the same time is inherently dangerous, and that the combination of the high volume of motorized vehicles and congested roads in the city and persons engaging in advertising, distribution, or solicitation that is directed at motor vehicle occupants on those roads is hazardous to public safety, both for occupants of motorized vehicles located on public roads and for persons engaging in such advertising, distribution, and solicitation.

(2)

The city commission of the city further hereby finds and determines that the prohibitions set forth in this section are narrowly-tailored to serve the significant interest of promoting and protecting the public health, safety, and welfare of the citizens of the city, and that said prohibitions leave open ample alternative channels of communication.

(c)

Definitions.

(1)

Road or road shall include streets, whether paved or unpaved, shoulders, roadbeds, medians, acceleration lanes, deceleration lanes, turn lanes, work zone areas, and all other ways open to travel by operators of motor vehicles or appurtenant thereto within the limits of the city. This definition excludes private roads and roads that are not open to motor vehicle travel.

(2)

Motor vehicle means any self-propelled vehicle, including any motorcycle and also including any bicycle when the cyclist is traveling within a designated bike lane that is part of the road.

(3)

Person means any natural person, firm, copartnership, association or corporation, or any pedestrian.

(4)

Vehicle means every device, in, upon, or by which any person or property is or may be transported or drawn upon a road, excepting devices used exclusively upon stationary rails or tracks.

(d)

Panhandling prohibited.

(1)

No person shall be upon or go upon any road for the purpose of displaying advertising of any kind or distributing materials or goods or soliciting business or charitable contributions of any kind from the occupant of any motor vehicle located on public roads of the city.

(2)

No person shall be within four (4) feet of the edge of the road or within a safety zone for the purpose of distributing materials or goods or soliciting business or charitable contributions of any kind from the occupant of any motor vehicle located on public roads of the city.

(3)

The language in this section is intended to prohibit the activities described above only when they are directed by pedestrians toward occupants of motor vehicles that are on the traveled portion of public roads that are open to motor vehicle traffic. This section is not intended to prohibit activities such as advertising, distribution of goods or materials, or business or charitable solicitation that is directed toward pedestrians on sidewalks.

(e)

Territory embraced. The provisions of this section shall embrace all public roads that are open to motor vehicle traffic within the legal boundaries of the city.

(f)

Penalties. Penalties of this section shall be as follows:

(1)

Any person convicted of violating the provisions of this section shall be punished by a fine not to exceed five hundred dollars ($500.00), by imprisonment not to exceed sixty (60) days, or by both such fine and imprisonment.

(2)

In addition to the penalties provided by subsection (1), any violation of this section shall be subject to appropriate civil action in a court of appropriate jurisdiction.

(Ord. No. 11-05, § 1, 5-2-11)