(a) In this section:
(1) GOODS means property of every kind.
(2) PUBLIC PROPERTY means:
(A) any property open or devoted to public use or owned by the city; and
(B) any area dedicated to the public use for sidewalk, street, highway, or other transportation purposes, including, but not limited to, any curb, median, parkway, shoulder, sidewalk, alley, drive, or public right-of-way.
(3) ROADWAY has the meaning given that term in Chapter 541, Texas Transportation Code.
(4) SERVICES means any work done for the benefit of another person.
(5) SOLICITATION means any conduct or act whereby a person:
(A) either orally or in writing, asks for a ride, employment, goods, services, financial aid, monetary gifts, or any article representing monetary value, for any purpose;
(B) either orally or in writing, sells or offers for sale goods, services, or publications;
(C) distributes without remuneration goods, services, or publications; or
(D) solicits signatures on a petition or opinions for a survey.
(6) VEHICLE has the meaning given that term in Chapter 541, Texas Transportation Code.
(b) A person commits an offense if, while occupying any public property adjacent to any public roadway in the city, he knowingly conducts a solicitation directed to, or intended to attract the attention of, the occupant of any vehicle stopped or traveling on the roadway. An offense occurs when the solicitation is made, whether or not an actual employment relationship is created, a transaction is completed, or an exchange of money, goods, or services takes place.
(c) It is a defense to prosecution under Subsection (b) that the person was:
(1) summoning aid or requesting assistance in an emergency situation; or
(2) a law enforcement officer in the performance of official duties.
(d) In addition to any enforcement action by a peace officer for a violation of this section, any person who is a victim of a solicitation prohibited under Subsection (b), or who witnesses a violation of Subsection (b), may file a complaint with the city attorney. Evidence to support a conviction for a violation of this section may include, but is not limited to, testimony of witnesses, videotape evidence of the violation, and other admissible evidence. (Ord. 25213)