(A) A person commits the offense of unlawful transfer under this section if the person:
(1) While a driver or passenger in a vehicle on the vehicular portion of a highway, road, or street within the boundaries of the city, gives or relinquishes possession or control of, or allows another person in the vehicle to give or relinquish possession or control of, any item of property to a pedestrian; or
(2) While a pedestrian accepts, receives, or retains possession or control of any item of property from a driver or passenger in a vehicle on the vehicular portion of a highway, road, or street within the boundaries of the city.
(B) For purposes of division (A) of this section, the phrase ON THE VEHICULAR PORTION OF A HIGHWAY, ROAD, OR STREET means located in the vehicular travel or turning lane or any associated shoulder or traffic divider area within the right-of-way where vehicles are reasonably expected to be encountered. The prohibitions of this section do not apply if the vehicle is parked in a legal parking space located on or off the right-of-way or during a law enforcement stop or action.
(C) The prohibitions of division (A) of this section do not apply to persons participating in a pedestrian activity, as defined in O.A.R. 734 Division 58, for which a permit has been issued by the Oregon Department of Transportation, so long as all terms of such permit are being met.
(Ord. 071524A, passed 8-19-2024)