§ 27-3. Solicitation of occupants of vehicles on public roadways prohibited.

(a)

Except as allowed by Section 552.007 of the Texas Transportation Code, it shall be unlawful for a person while occupying a roadway or any public property adjacent to a roadway to engage in solicitation directed to or intended to attract the attention of the occupant of any vehicle stopped or traveling on the roadway. For purposes of this section, solicitation includes distributing without remuneration goods, services, or publications, or soliciting signatures on a petition or opinions on a survey.

(b)

Except as allowed by Section 552.007 of the Texas Transportation Code, it shall be unlawful for any person, while occupying a roadway or any public property adjacent to a roadway to carry, wave, hold by hand or otherwise any billboard, show card, placard or advertisement or sign of any description for the purpose of advertising any goods, wares, merchandise, services, or commodities or calling attention to any place of business, occupation, show, exhibition, event or entertainment or to wear a costume for the purpose of the same so as to attract the attention of the occupant of any vehicle stopped or traveling on the roadway or to knowingly permit the same to be done by any person for his benefit. A person doing any of the above-described acts is presumed to be doing so for the purpose of attracting the attention of the occupant of any vehicle stopped or traveling on the roadway.

(c)

Persons soliciting pursuant to Section 552.007 of the Texas Transportation Code shall comply with the following:

(1)

The location for roadway solicitation must be approved by the public works and transportation department on the diagrams submitted at the time of application for identification for roadway solicitation. If the public works and transportation department finds that solicitation cannot occur at the requested locations safely, the applicant/solicitor must choose a different location for solicitation. No solicitation may occur in other areas of the roadway. No solicitation shall occur on a roadway with a speed limit of fifty (50) miles per hour or greater; and

(2)

No person may solicit in the roadway until a sign, in a form approved by the city is posted which warns drivers that solicitors are in the roadway no less than five hundred (500) feet or more than seven hundred (700) feet from the intersection, to the right side of the roadway of approaching lanes of traffic up to two (2) lanes wide; or two (2) signs, in a form approved by the city, are posted which warn drivers that solicitors are in the roadway no less than five hundred (500) feet or more than seven hundred (700) feet from the intersection, on both the right and left side of approaching lanes of traffic for streets with three (3) or more lanes.

(d)

It is a defense to prosecution under this section that the person was summoning aid or requesting assistance in an emergency situation or a law enforcement officer in the performance of official duties.

(Ord. No. 2009-9086, § 2, 6-25-09)