§ 39-3. Interacting with or impeding traffic on roadways.

(a)

Prohibitions.

(1)

No individual in a solicitation-restricted right-of-way shall stop or attempt to stop any motor vehicle that is on the roadway located within that right-of-way for the purpose of soliciting employment, business, or contributions from any occupant of the motor vehicle, or for the purpose of providing any service of the motor vehicle or any of its occupants.

(2)

No individual in a solicitation-restricted right-of-way shall deliver, or, by means of a sign or other device of any kind, or by means of speech, sounds, signals, or motions offer to deliver, any tangible thing to any occupant of a motor vehicle that is on the roadway located within that right-of-way.

(3)

No individual in a solicitation-restricted right-of-way shall, by means of a sign or other device of any kind, or by means of speech, sounds signals, or motions, request any occupant of a motor vehicle that is on the roadway located within that right-of-way to deliver any tangible thing to the individual, unless the individual specifies by a sign that can be read from a distance of 30 feet that the tangible thing is to be delivered to the individual or another person only when the motor vehicle is off the street right-of-way.

(4)

Unless he or she is on a paved sidewalk, no individual in a solicitation-restricted right-of-way shall, by means of a sign or other device of any kind, or by means of signals or motions, attempt to alert any occupant of a motor vehicle that is on the roadway located within that right-of-way to any commercial activity.

(5)

No individual shall solicit within the city limits without first obtaining a solicitation permit as required by this chapter.

(b)

Exceptions. Subsection (a) does not prohibit an individual aged 16 or more years from doing the following:

(1)

Stopping or attempting to stop a motor vehicle on a roadway, for the purpose of soliciting employment, business, or contributions when:

a.

The vehicle is in one of the following locations:

1.

On a street with a two-way travel and the vehicle is located in the travel lane that is rightmost from the driver's viewpoint;

2.

On a one-way street with two or more travel lanes, and the vehicle is located in the travel lane that is rightmost or leftmost from the driver's viewpoint; or

3.

On a street with only one travel lane, and the vehicle is located in the travel lane;

b.

The vehicle is approaching a traffic signal or sign that requires the vehicle to come to a complete stop; and

c.

The individual is on a paved sidewalk.

The individual does not violate subsection (b)(l)b. when, for example, the vehicle is approaching a stop sign or a steady, flashing, or strobe beam light emitting red light, and the individual is in violation of subsection (b)(l)b. if the vehicle is approaching a yield sign, or a steady, flashing or strobe beam light emitting yellow or green light.

(2)

Delivering or offering to deliver a tangible thing to an occupant of a motor vehicle on a roadway when:

a.

The vehicle is in one of the following locations:

1.

On a street with two-way travel, and the vehicle is located in the travel lane that is rightmost from the driver's viewpoint;

2.

On a one-way street with two or more travel lanes, and the vehicle is located in the travel lane that is rightmost or leftmost from the driver's viewpoint; or

3.

On a street with only one travel lane, and the vehicle is located in the travel lane;

b.

The driver of the vehicle is, while the delivery or offer to deliver is occurring, complying with either a traffic signal that requires the vehicle to come to a complete stop and the traffic signal has not changed to allow the vehicle to proceed, or to a stop sign; and

c.

The individual is on the side of the vehicle that is closest to the edge of the roadway.

(3)

Receiving a tangible thing from an occupant of a motor vehicle on a roadway when:

a.

The vehicle is in one of the following locations:

1.

On a street with two-way travel, and the vehicle is located in the travel land that is rightmost from the driver's viewpoint;

2.

On a one-way street with two or more travel lanes, and the vehicle is located in the travel lane that is rightmost or leftmost from the driver's viewpoint; or

3.

On a street with only one travel lane, and the vehicle is located in the travel lane.

b.

The driver of the vehicle is, while the individual is receiving the tangible thing from the occupant, complying with either a traffic signal that requires the vehicle to come to a complete stop and the traffic signal has not changed to allow the vehicle to proceed, or a stop sign; and

c.

The individual is on the side of the vehicle that is closest to the edge of the roadway.

(c)

An individual acting pursuant to subsection (b) shall not:

(1)

First Amendment protected goods. Sell any goods besides First Amendment protected goods. First amendment protected goods include newspapers and magazines.

(2)

Roadway. Stand, sit, or walk on a roadway, provided that this subsection does not prohibit an individual from standing and walking on the roadway during the time needed:

a.

To travel to or from a motor vehicle whose occupant has signaled the individual to approach, and

b.

To engage in transactions allowed by subsections(b)(2) and (b)(3).

(3)

Median. Standing, sitting or walking on median is prohibited.

(4)

Animals.

a.

Be accompanied by an animal, provided that an individual with a disability may be accompanied by a service animal trained to assist the individual with the individual's specific disability, upon a showing of a tag, issued by the State Department of Health and Human Services, under G.S. 168-4.3, stamped "NORTH CAROLINA SERVICE ANIMAL PERMANENT REGISTRATION" and stamped with a registration number, or upon a showing that the animal is being trained or has been trained as a service animal. An animal in training to become a service animal may accompany the individual for the purpose of training only when the animal is accompanied by a person who is training the service animal and the animal wears a collar and leash, harness or cape that identifies the animal as a service animal in training.

b.

Without limiting subsection (c)(4)a., an individual with a disability may be accompanied by a dog when:

1.

The individual states that the dog is required because of the individual's disability, and the individual describes work or tasks the dog has been trained to perform; or

2.

It is readily apparent that the dog is trained to do work or perform tasks for an individual with a disability.

The crime deterrent effects of a dog's presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this subsection.

(5)

Daylight. Be in the solicitation-restricted right-of-way between 20 minutes before sunset and 20 minutes after sunrise. For purposes of this subsection, there is a rebuttable presumption that the United States Naval Observatory's times, as provided by the astronomical applications department or its successor division or department within the naval observatory, for sunset and sunrise are correct.

(6)

Reserved.

(7)

Reflective outerwear. Fail to wear class II or class III ANSI 107-2004 outwear:

a.

That is reasonably clean and in good repair and

b.

On which the total area covered by all things (except for clear plastic that does not affect the reflectiveness of the outerwear) resting on or attached to it is less than a total of four square inches.

(8)

Signs in general. Display a sign larger than two feet in any dimension, or display anything with illuminated, animated, blinking, chasing, flashing, or moving effects that can be seen by a person with 20-20 vision from a distance of four feet.

(9)

Signs in violation of UDO. Display a sign or other device in the solicitation- restricted right-of-way that is in violation of the UDO.

(10)

Reserved.

(11)

Safe passage of pedestrians. Interfere with the quick and safe passage across the roadway of pedestrians.

(12)

Normal movement of pedestrians. Impede the normal movement of pedestrians.

(13)

Littering and traffic laws. Violate any litter or traffic safety laws, including G.S. 14-399, G.S. 20-174.1, and G.S. 20-175.

(14)

Removal of goods. Fail to remove all goods in connection with soliciting from the solicitation-restricted right-of-way when the individual is more than 50 feet away from any such item. The phrase "goods used in connection with soliciting" means goods that the individual offered for sale or delivery to occupants of motor vehicles; structures, devices, things, and materials of any kind used to transport, protect, display, advertise, offer, or sell any goods; food brought for consumption by the individual; food partly consumed by the individual; and packaging for food or drink consumed in whole or in part by the individual or an animal accompanying the individual.

(15)

Work zones. Be in a work zone or stop or attempt to stop a motor vehicle that is in a work zone. A "work zone" is the area between the first sign that informs motorists or drivers of the existence of a work zone, construction zone, maintenance zone, utility work zone, or similar warning on a street and the last sign that informs motorist or drivers of the end of the zone, regardless of whether a sign states the penalty for speeding in the zone. Work zones are designated as such if the Secretary of State Department of Transportation or the city manager determines, after engineering review, that the posting is necessary to ensure the safety of the traveling public due to a hazardous condition; or if the posting is done at the direction of or with the consent of a governmental body or official having jurisdiction. The direction or consent may be given by any appropriate manner, including incorporation into specifications of a contract. There shall be a rebuttable presumption that any posting of a work zone has been done with the consent of a governmental body or official having jurisdiction.

(16)

Access ramps. Be on an access ramp.

(17)

Bridges. Be on a bridge, or on the portion of a street leading to or from a bridge that is within 100 feet of a bridge. In this subsection, "bridge" is limited to a bridge that contains a roadway.

(d)

Litter. Any goods, structures, devises, things, and materials not removed in accordance with subsection (a)(14) shall be considered litter pursuant to this article. Nothing in this section is intended to limit the effect of Chapter 39.

( Ord. of 8-1-2016 )