Section 1. That Sec. 25-173. Public safety requirements for soliciting employment, business or contributions from within street
rights-of-way. is hereby repealed in its entirety, a new Sec. 25-173 is adopted as follows:
Sec. 25-173. Street Vending.
(a) The purpose of the section is to regulate street vending on designated roadways in a manner that is narrowly tailored to serve the Citys significant
interests in vehicular and pedestrian safety and the free flow of traffic. This section applies evenhandedly to all persons that desire to engage in
street vending, regardless of their message, and leaves open ample alternative channels of communication to solicit and distribute products,
materials, and money. For example, this section does not prohibit persons from standing on a public sidewalk to distribute or sell products or
materials to a pedestrian or the driver or occupant of a legally parked motor vehicle and does not prohibit persons from standing on a public
sidewalk with a sign soliciting business at another location (e.g., eat at Joes). Such activities are not prohibited because they do not result in, and
are not intended to result in, a transaction with the driver or occupant of a motor vehicle on the traveled portion of a designated roadway (and not
legally parked). However, nothing contained in this subsection shall be construed to permit activities that are otherwise prohibited by applicable
laws, regulations or ordinances.
(b) It shall be unlawful to engage in street vending.
(c) Definitions. For the purposes of this Section:
(1) Designated roadways shall mean the interstate system (including interstate entrance and exit ramps) and arterial and collector roads, as
identified by the City Transportation Manager, in accordance with the general guidelines provided in the standard engineering manuals
referenced in the Transportation Technical Manual, pursuant to sec. 22-304.
(2) The traveled portion of a designated roadway shall mean any portion of a designated roadway that is normally used by moving motor
vehicle traffic or that is not a lawful parking area.
(3) Legally parked shall mean a vehicle that is standing, stopped, or parked in an area designated or legally authorized for parking.
(4) Street Vending shall mean soliciting or attempting to solicit employment, business, contributions, donations, or sales or exchanges of
any kind from the driver or occupant of a motor vehicle or distributing or attempting to distribute any product or material to the driver
or occupant of a motor vehicle, when:
a. The motor vehicle is located on the traveled portion of a designated roadway and is not legally parked; and
b. Such solicitation or distribution or attempted solicitation or distribution, results in or is intended to result in a transfer of money or any
other thing of value, or a transfer of any other product or material, between the person engaging in the solicitation or distribution, or
attempted solicitation or distribution and the driver of an occupant of the motor vehicle.
(d) The prohibitions contained in this Section shall not apply to law enforcement or rescue personnel engaged in the performance of their official duties.
(e) The prohibitions contained in this Section shall not apply to vehicles traveling on a roadway not open for travel by the general public.
Section 2. Severability. The provisions of this ordinance shall be deemed to be severable. If any provision of this ordinance is judicially determined to be
unconstitutional or otherwise invalid, such determination shall not affect the validity of any other provision of this ordinance.
Section 3. That all ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of any conflict.
Section 4. That this ordinance shall take effect immediately upon becoming a law.