§ 19-295. Solicitation on center median.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Center median means any area in the middle of any street or highway, designed to provide a barrier to keep traffic on one side of the street from going to the other side of the street. A center median may be a raised concrete strip or a grass strip.

Selling, offering for sale, advertising, soliciting, distributing and distribute mean any such activity which involves the delivery of any document, publication or other item or the intent to deliver any document, publication or other item to any occupant of a motor vehicle located on a City street or any such activity which involves the receipt of any money or any item or the intent to receive any money or any item from the occupant of an automobile located on a City street, other than a motor vehicle parked in a designated parking space.

(b)

Purpose. Intersections that have center medians often are designed to deal with specific traffic flow problems. Any delay or distraction may interfere with traffic planning. Frequently persons stand near intersections and near traffic lights to contact drivers or passengers in cars that are passing or that are stopped temporarily due to traffic lights. The purpose of this section is to prevent dangers to persons and property, to prevent delays in vehicular and pedestrian traffic and to avoid interference with such traffic flow.

(c)

Prohibited use of center median strip. It shall be unlawful for any person to stand or stay on any center median for the purpose of soliciting contributions of any kind. It shall also be unlawful for any person to stand or stay on any center median for the purpose of selling, offering for sale or advertising any product, property or service or for the purpose of distributing any document, product, or other item.

(d)

Permitted use of center median. In addition to other pedestrian purposes, center medians may also be used under the following circumstances:

(1)

A person may be on the center median temporarily to deal with an emergency.

(2)

A pedestrian crossing a street or highway may remain on a center median until it is safe to proceed.

(3)

A person may be on that portion of a center median in a street that has been temporarily closed by a permit issued pursuant to Section 24-336.

(e)

Penalty. Any person violating this section shall be guilty of a Class 4 misdemeanor. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

(Code 1993, § 20-136; Code 2004, § 66-317)

(Code 1993, § 20-136; Code 2004, § 66-317)