§ 71.014 THE PASSING OF ITEMS TO OR FROM THE OCCUPANT OF A MOTOR VEHICLE ON A ROADWAY.
   (A)   Intent of section. This section is intended to provide for the free flow of motor vehicle traffic on roadways in the town. Mount Pleasant Town Council finds that persons who distribute any item to, receive any item from or exchange any item with the occupant of a motor vehicle upon a roadway present a threat to the free and safe flow of motor vehicle traffic. By this section, Mount Pleasant Town Council intends to promote the health, safety and welfare of the citizens traveling by vehicle or on foot in the Town of Mount Pleasant.
   (B)   Definitions. For purposes of this section, the following definitions apply:
      ITEM. Any physical object.
      PASS/PASSING. Distributing any item to, receiving any item from, or exchanging any item with the occupant of a motor vehicle that is located in a lane of travel of the roadway.
      ROADWAY. All public roads open to motorized vehicles within the Town of Mount Pleasant. This definition excludes private roads and private property. This definition also excludes areas in which parking is permitted in the Town of Mount Pleasant.
   (C)   Prohibition on roadways. It shall be unlawful to violate any of the prohibitions set forth below in the Town of Mount Pleasant.
      (1)   No person shall knowingly distribute any item to, receive any item from, or exchange any item with the occupant of any motor vehicle when the vehicle is located in a lane of travel on the roadway.
      (2)   This section shall not apply to the distribution, receipt or exchange of any item with the occupant of a motor vehicle on private property or in a permitted parking area.
      (3)   This section shall not apply to any law enforcement officer acting in the scope of his or her official duty.
      (4)   This section shall not apply to the distribution, receipt or exchange of any item with the occupant of a motor vehicle located in the roadway in order to assist the occupant after a motor vehicle accident, with a disabled motor vehicle or where the occupant is experiencing a medical emergency.
(Ord. 16008, passed 2-10-16)