(A) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADJACENT TO ANY PUBLIC STREET OR HIGHWAY. Any area off the paved portion of a public street or highway but a part of the public right-of-way including, but not limited to, shoulders, swales, contiguous public parking, but shall not include sidewalks or bike paths or any private parking property which is separated from the public right-of-way by any curb or sidewalk.
JUVENILE. Any unemancipated person under the age of 18 or, in equivalent phrasing, any person 17 years or less of age.
PARENT. Any person having legal custody of a juvenile as a natural or adoptive parent, as a legal guardian, as a person who stands in loco parentis, or as a person to whom legal custody has been given by court order.
(B) It is unlawful within the city for any juvenile while on or adjacent to any public street or highway, to:
(1) Solicit, collect or accept donations of money or property of any kind for charitable, religious, educational, benevolent or any other purposes, from any occupant of a motor vehicle whether moving or at rest.
(2) Sell, or solicit the purchase of, property or services of any nature whatsoever from any occupant of a motor vehicle whether moving or at rest.
(C) It shall be unlawful for a parent having legal custody of a juvenile to permit or allow such juvenile to make street solicitations as provided in subsection (B) of this section.
(D) Enforcement Procedures. A police officer, finding a juvenile in violation of this section, may remove the juvenile from the location of the violation for safety purposes. The police officer shall require the juvenile to provide the name, address and telephone number of the juvenile's parent and shall direct the juvenile to cease the unlawful conduct. The Chief of Police or his assigned representative shall send a notice of violation of the ordinance by the juvenile, certified mail, to the parent which shall also give a warning that any subsequent violation will result in enforcement of the ordinance, including enforcement of parental responsibility and applicable penalties.
(E) If, after warning notice pursuant to subsection (D) of this section, a parent violates subsection (C) in connection with a second violation by the juvenile, this shall be treated as an offense by the parent to penalties as provided by § 10.99. Alternatively, the juvenile may, in connection with a second violation, be subject to prosecution as provided by the City's Code of Ordinances to the extent permitted by law.
(Ord. 99-22, passed 3-23-99) Penalty, see § 10.99