371.06 USE OF CITY STREETS AND ROADWAYS FOR SOLICITING.
   (a)   No person while on a street or roadway within the city outside a safety zone shall solicit a ride from the driver of any vehicle.
   (b)   (1)   Except as provided in division (b)(2) of this section, no person shall stand on a street or roadway within the city for the purpose of soliciting employment, business, or contributions from the occupant of any vehicle.
      (2)   The Mayor or Mayor’s designee may issue a permit to a charitable organization to allow representatives of the charitable organization to solicit contributions from occupants of motor vehicles by standing on a street or roadway within the city. The permit shall allow solicitation for one day per calendar year between the hours of 10:00 a.m. and 3:00 p.m. at the following locations:
         a.   State Route 256 and Tayor Road;
         b.   Livingston Avenue, Slate Ridge Boulevard, Graham Road;
         c.   Livingston Avenue and Brice Road;
         d.   Brice Road and Main Street; and
         E.   Rosehill Road and Main Street.
   Representatives performing solicitations are not to block or impede traffic and are to wear brightly colored clothing and identification fo the charity.
      (3)   As used in divisions (b)(2) of this section, “charitable organization” means an organization that has received from the Internal Revenue Service a currently valid ruling or determination letter recognizing the tax-exempt status of the organization pursuant to Internal Revenue Code 501(c)(3).
      (4)   If the Mayor or Mayor’s designee denies issuance of a permit to solicit, the applicant may appeal to the denial of issuance of a permit to City Council by submitting a notice of appeal to the Clerk of Council within 30 days of the denial and City Council will set a hearing on the appeal within 30 days of receipt of the notice of appeal.
   (c)   No person shall hang onto or ride on the outside of any motor vehicle while it is moving upon a roadway, except mechanics or test engineers making repairs or adjustments, or workers performing specialized highway or street maintenance or construction under authority of a public agency.
   (d)   No operator shall knowingly permit any person to hang onto or ride on the outside of any motor vehicle while it is moving upon a roadway, except mechanics or test engineers making repairs or adjustments, or workers performing specialized highway or street maintenance or construction under authority of a public agency.
   (e)   No driver of a truck, trailer, or semitrailer shall knowingly permit any person who has not attained the age of 16 years to ride in the unenclosed or unroofed cargo storage area of the driver’s vehicle if the vehicle is traveling faster than 25 miles per hour, unless either of the following applies:
      (1)   The cargo storage area of the vehicle is equipped with a properly secured seat to which is attached a seat safety belt that is in compliance with Federal standards for an occupant restraining device as defined in Ohio R.C. 4513.263(A)(2), the seat and seat safety belt were installed at the time the vehicle was originally assembled, and the person riding in the cargo storage area is in the seat and is wearing the seat safety belt; or
      (2)   An emergency exists that threatens the life of the driver or the person being transported in the cargo storage area of the truck, trailer, or semitrailer.
   (f)   No driver of a truck, trailer, or semitrailer shall permit any person, except for those workers performing specialized highway or street maintenance or construction under authority of a public agency, to ride in the cargo storage area or on a tailgate of the driver’s vehicle while the tailgate is unlatched.
   (g)   (1)   Except as otherwise provided in this division, whoever violates any provision of divisions (a) to (d) of this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates any provision of divisions (a) to (d) of this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates any provision of divisions (a) to (d) of this section is guilty of a misdemeanor of the third degree.
      (2)   Whoever violates division (e) or (f) of this section is guilty of a minor misdemeanor.
(ORC 4511.51)
(Ord. 65-05. Passed 7-25-05.)