§ 26-215. Interference with traffic prohibited.

(a)

Intent of section. The intent of this section is to protect the public health, safety, and welfare of the citizens and visitors of the city and to enable the free, orderly, and uninterrupted movement of motor vehicles on public roadways within the city by limiting interactions between pedestrians and motor vehicles located within the traffic or travel lane of highways or public roadways located within the city.

(b)

Definitions. For purposes of this section, the following definitions shall apply:

(1)

"Roadway" includes all public roads, streets, and highways open to vehicular traffic within the city. This definition excludes private roads, private property, and public parking areas.

(2)

"Motor vehicle" means every self-propelled or designed for self-propulsion device by which any person or property is or may be transported or drawn on a highway, except devices moved by human power.

(c)

Findings. The city council hereby finds the following:

(1)

Allowing transactions in which items are exchanged between pedestrians and occupants of motor vehicles operating in the traffic or travel lane of roadways is inherently dangerous, is distracting to both pedestrians and drivers of motor vehicles, threatens the safety and well-being of the pedestrians and motor vehicle occupants, interferes with the free flow of traffic, and potentially threatens the safety and well-being of nearby third parties;

(2)

The traffic or travel lane of roadways in which motor vehicles are present and operating is not designed for and is not an appropriate location for anything other than travel;

(3)

The prohibition against interfering with traffic as set forth herein is narrowly tailored to serve the city's substantial interest in protecting the public health, safety, and welfare of citizens and visitors of the city; and

(4)

This prohibition leaves open many alternative channels for interactions which do not disrupt traffic flows or create a danger to those present on roadways.

(d)

Prohibition. It shall be unlawful for:

(1)

A pedestrian to exchange or attempt to exchange any item with the occupant of a motor vehicle while the motor vehicle is located in a traffic or travel lane of any roadway.

(2)

The occupant of any motor vehicle to exchange or attempt to exchange any item with a pedestrian while the motor vehicle is located in a traffic or travel lane of any roadway.

(e)

Exceptions. This section shall not apply to the following:

(1)

The distribution, receipt, or exchange of any item with the occupant of a motor vehicle parked on private property or parked in a public parking area.

(2)

Any law enforcement officer acting within the scope of his or her official duties.

(3)

The distribution, receipt, or exchange of any item with the occupant of a motor vehicle located in the roadway after a motor vehicle accident, or to assist the occupant of a disabled motor vehicle, or to assist a pedestrian or motor vehicle occupant experiencing a medical emergency.

(f)

Any person violating the provisions of this section shall be guilty of a traffic infraction.

(Ord. No. 7418-17)

Editor's note— Ord. No. 7418-17, adopted October 10, 2017, amended § 26-215 in its entirety to read as herein set out. Former § 26-215, pertained to distribution of handbills, etc., solicitation of contributions, and sale of merchandise or services on highways, public roadways, and medians prohibited, and derived from Ord. No. 6704-10, § 1; Ord. No. 6708-10, § 1.

(Ord. No. 7418-17)

Editor's note

Ord. No. 7418-17, adopted October 10, 2017, amended § 26-215 in its entirety to read as herein set out. Former § 26-215, pertained to distribution of handbills, etc., solicitation of contributions, and sale of merchandise or services on highways, public roadways, and medians prohibited, and derived from Ord. No. 6704-10, § 1; Ord. No. 6708-10, § 1.