§ 12-126. Restrictions on use of city public rights-of-way for solicitation/panhandling.

(a)

Except as permitted by other portions of this Code, no person shall use or occupy any portion of the public right-of-way, including any public street, median, alley or sidewalk, for the purpose of:

(1)

Storing or exhibiting any goods, merchandise or other materials.

(2)

Selling, or attempting to sell, any goods, merchandise or other materials, or any services.

(b)

No person shall stand on or otherwise occupy any portion of the public right-of-way, including any public street, median, alley or sidewalk for the purpose of soliciting or accepting a donation of money or any other item from the occupant of any vehicle while the vehicle is on a public street being used by, or open to use by, vehicular traffic.

(c)

No person shall, by means of a sign or other device of any kind, use or occupy any portion of the public right-of-way, including any public street, median, alley or sidewalk, to attempt to alert, or for the purpose of attracting the attention of, the driver of a motor vehicle that is on a public street being used by, or open to use by, vehicular traffic, to any commercial activity.

(d)

Nothing in this section shall be construed to apply to:

(1)

Licensees, lessees, franchisees, permittees, employees or contractors of the city, county or state authorized to engage in inspection, construction, repair or maintenance of streets, roadways, public utilities, or any public structure or property, or in making traffic or engineering surveys whether public or private.

(2)

Any of the following persons while engaged in the performance of their respective occupations: firefighting and rescue personnel, law enforcement personnel, emergency medical services personnel, health care workers or providers, military personnel, civil preparedness personnel, emergency management personnel, solid waste or recycling personnel; public works personnel, public transportation personnel, or public utilities personnel.

(3)

Use of public streets, alleys, sidewalks or other portions of the public right-of-way in areas which have been closed to vehicular traffic for festivals, parades or other events or activities permitted by the City.

(e)

Nothing in this section or in any other part of this Code shall be construed as prohibiting the sale or distribution of newspapers, magazines, periodicals, handbills, flyers or similar materials, except that:

(1)

Such activity shall be prohibited on any portion of any street within the city.

(2)

Such materials shall not be handed, passed or thrown to the occupant of any motor vehicle that is on a public street being used by, or open to use by, vehicular traffic, nor shall any action be taken which is intended to, or reasonably calculated to, cause the vehicle occupant to hand, pass or to throw anything to the person selling or distributing the materials.

( Ord. No. 19-2016-17, § 1, 10-6-16 )