(a) Policy. Allowing transactions in which items are exchanged between pedestrians and the occupants of motor vehicles operating in the travel/traffic lanes of highways in the County is inherently dangerous, is distracting to both pedestrians and motorists, threatens the safety and well-being of the pedestrian and vehicle operators/occupants, interferes with the free flow of traffic and potentially threatens third parties in the vicinity. The traffic/travel lanes of County highways in which motor vehicles are present and operating are not designed for and are not appropriate locations for anything other than travel. It is the policy of the Board of Supervisors to minimize such potentially dangerous situations by narrowly tailoring the restrictions enumerated herein to serve the County’s substantial interest in protecting the public health, safety and welfare of County citizens and visitors.
(b) Definitions. As used in this chapter:
(1) “Highway” shall mean the entire width between the boundary lines of every way or place open to the use of the public for purposes of vehicular traffic in the County, including the streets and alleys, and the entire width between the boundary lines of all private roads or private streets that have been designated as highways pursuant to Section 420.03.
(2) “Item” includes any physical object.
(3) “Motor vehicle” shall have the same meaning as defined in § 46.2-100 of the Code of Virginia, as amended.
(c) Prohibition. No pedestrian or operator/occupant of a motor vehicle shall exchange or attempt to exchange any item while such motor vehicle is located in a traffic or travel lane on a County highway, except as otherwise provided in this section.
(d) Exceptions.
(1) This section shall not apply to the distribution, receipt or exchange of any item with an occupant of a motor vehicle parked on private property or parked in a public parking area.
(2) This section shall not apply to any law enforcement officer acting within the scope of his/her official duties.
(3) This section shall not apply to the distribution, receipt, or exchange of any item with the occupant of a motor vehicle located on a highway after a motor vehicle accident, or to assist the occupant of a disabled motor vehicle, or to assist a pedestrian or motor vehicle occupant experiencing a medical emergency.
(e) Penalties. Any pedestrian or operator/occupant of a motor vehicle who violates the provisions of this section shall be guilty of a traffic infraction.
(Ord. 13-03. Passed 3-13-13; Ord. 18-22. Passed 11-8-18.)