Chapter 10.43 — DISTRIBUTION OR SOLICITATION TO OR FROM PERSONS IN VEHICLES ON PUBLIC…

SPEEDS OF 40 MILES PER HOUR OR HIGHER, OR WITHIN ONE HUNDRED FEET OF AN INTERSECTION WITH SUCH A PUBLIC ROADWAY

The purpose of this chapter is to prevent dangers to persons and property, to prevent delays and distractions, and to avoid interference with the flow of traffic, on public roadways that are posted with speed limits of 40 or more miles per hour.

For purposes of this section, the traveled portion of the public roadway means that portion of the road normally used by moving motor vehicle traffic.

(a)

It is unlawful for any person, while on a public roadway posted with a speed limit of 40 or more miles per hour, or while on any median or sidewalk associated with or adjacent to such a public roadway, to distribute or attempt to distribute materials to, or to solicit, or attempt to solicit business or contributions from, any person who is in any type of motor vehicle in the traveled portion of a public roadway. Public roadways within the City's jurisdictional limits that have posted speed limits of 40 or more miles per hour are shown on a map labeled 'Public Roadways with Speed Limits 40 or More Miles Per Hour," which map is on file and available from the Office of the City Clerk.

(b)

When a public roadway with a posted speed of less than 40 miles per hour intersects with another public roadway with a posted speed of 40 or more miles per hour, it is unlawful to distribute or attempt to distribute materials to, or to solicit, or attempt to solicit business or contributions from, any person who is in any type of motor vehicle that is within 100 feet of the intersection of the two public roadways.

(c)

Except as prohibited by subsections (a) and (b), above, distributing materials to or soliciting business or contributions from any person who is in any type of motor vehicle in the traveled portion of a public roadway is permitted on sidewalks adjacent to public roadways.

(d)

Notwithstanding subsections (a) and (b), above, the provisions of this Section 10.43.030 shall not apply to sales for which a special event permit has been issued by the City, when such sales are in compliance with the same.

(Ord. No. 2007-1276, 02-27-07)