§ 110.09  SOLICITATION WITHIN PUBLIC RIGHT-OF-WAY.
   (A)   A person may not stand, sit, or otherwise occupy a position in a roadway, median or public right-of-way to solicit a ride, contribution, employment, or business from an occupant of a vehicle, except that a person may stand in a roadway, median or public right-of-way to solicit a charitable contribution to the extent allowed by Tex. Transportation Code § 552.0071, as it now exists or may hereafter be amended.
   (B)   A person may not stand, sit or otherwise occupy a position on or near a roadway, median or public right-of-way to solicit the watching or guarding of a vehicle parked or to be parked on a roadway, median, public right-of-way or private property. Except as permitted by state law, it shall be unlawful for any person located within a roadway, median or public right-of-way to peddle, sell, offer, or exhibit for sale any merchandise or service, whether for profit, for a charitable purpose or otherwise to any person in a motor vehicle, truck, motorcycle or other vehicle (collectively referred to hereafter as “vehicle”) while the vehicle is located within the public right-of-way.
   (C)   A permit to stand in a roadway, median or public right-of-way in the city to solicit charitable contributions to the extent allowed by Tex. Transportation Code § 552.0071, as it now exists or may hereafter be amended, shall be granted only after an application for such purpose is filed with the City Manager no earlier than 30 days, nor less than 11 days, prior to the initiation of the proposed solicitation. Such application shall conform to the provisions Tex. Transportation Code § 552.0071, as it now exists or may hereafter be amended.
   (D)   It shall be unlawful for any person to peddle, sell, offer, or exhibit for sale any merchandise or service, whether for profit, for a charitable purpose or otherwise on a public sidewalk or roadway without previous permission granted by the City Manager, or his designee.
   (E)   Notwithstanding any provision in this chapter to the contrary, it shall be unlawful to stand in a roadway, median or public right-of-way to solicit charitable contributions in the city except when both the following conditions apply:
      (1)   At the following crossings or intersections:
         (a)   FM-740 at Henry M Chandler Drive;
         (b)   FM-740 at Heathland Crossing Road;
         (c)   FM-740 at FM 549/FM 550;
         (d)   FM-740 at FM 1140 (Smirl Drive);
         (e)   FM-740 at FM 3097 (Horizon Drive);
      (2)   Between the hours of 9:00 a.m. to 2:00 p.m.; 4:00 p.m. to 6:00 p.m.; before sunrise; after sunset. Any person within a roadway, median or public right-of-way shall be required to wear a reflective safety vest.
(Ord. 150526F, passed 5-26-2015)