G-03-09-25-13A1 - 9/25/2003ORDINANCE NO. "0,3 -09 -J5 -13R I
AN ORDINANCE AMENDING CHAPTER 9, TRAFFIC
REGULATIONS, CODE OF ORDINANCES (1995 EDITION), CITY OF
ROUND ROCK, TEXAS ADDING SECTION 9.2200, PROHIBITING
SOLICITATION BY PEDESTRIANS ON INTERSTATE HIGHWAYS,
STATE HIGHWAYS, FARM -TO -MARKET ROADS OR ARTERIAL
ROADWAYS; PROVIDING FOR A SAVINGS CLAUSE AND
REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND
ROCK, TEXAS:
I.
The findings and recitations set out in the preamble of this
Ordinance are found to be true and correct and they are hereby
adopted by the City Council and made a part hereof for all
purposes, as findings of fact.
II.
That Chapter 9, Traffic Regulations, of the Code of Ordinances
(1995 Edition), City of Round Rock, Texas, is hereby amended to add
a new Section 9.2200, Solicitation on Public Rights -of -Way, as
follows:
SECTION 9.2200 SOLICITATION ON PUBLIC RIGHTS-OF-WAY
9.2201 FINDINGS AND PURPOSE FOR PROHIBITING SOLICITATIONS FROM OCCUPANTS IN
VEHICLES OR PEDESTRIANS
The activity of soliciting employment, business or contributions from occupants of vehicles
distracts drivers from their primary duties to watch traffic and to avoid potential hazards in the
roadway, including pedestrians, to observe all traffic control signals or warnings, and to prepare
to move through the City's streets and intersections.
The practice of soliciting employment, business or contributions from occupants of vehicles
impedes the flow of traffic on the streets within the City, results in the delay and obstruction of
the public's free flow of travel, and results in congestion and blockage of the streets, driveways
to parking areas, and sidewalks when persons approach vehicles to negotiate with the occupants.
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Distracted drivers are more prone to automobile accidents which constitute a substantial traffic
safety problem which impedes and prevents the orderly flow of traffic, and is unsafe for the person
engaging in the solicitation, pedestrian traffic, and the traffic in general.
The City Council of the City of Round Rock does hereby adopt the following regulations to
hereafter control such traffic hazards, in order to provide for the safe, orderly flow of traffic,
improve the safety for those drivers traveling the roadways within the corporate limits and improve
pedestrian safety, especially children's safety, along the City's streets.
9.2202 DEFINITIONS When used in this Section, the following words and terms shall have the following
meaning:
(1) Arterial Roadway shall mean those roadways designated as such by the Transportation
Master Plan.
(2) Cause shall mean aid, direct, hire, encourage, permit or allow.
(3) Chief of Police shall mean the Chief of Police of the City of Round Rock, Texas or his
designee.
(4) Curb shall mean the lateral lines of a roadway, whether constructed above grade or not,
which are not intended for vehicular travel.
(5) Improved Shoulder shall mean a paved shoulder.
(6) Police Department shall mean the Round Rock Police Department.
(7) Public Right -of -Way shall mean:
a. That real property owned by a governmental entity or owned by a non-governmental
entity or person and dedicated to public use;
b. Including but not limited to sidewalks, medians, curbs, shoulders, improved
shoulders, walkways, paths and any other area so owned, dedicated, used or reserved
for public use, including but not limited to use by vehicles, pedestrians and public
utilities; and
c. That is in the area extending from the right and left of the center line of a public
street, roadway or highway to the nearest property line which marks the juncture of
private property and public right-of-way.
(8) Roadway shall mean that portion of the public street that is improved, designed or
ordinarily used for vehicular travel, exclusive of the curb, berm or shoulder. In the event
that a public street includes two (2) or more separate roadways, "roadway" shall mean
each roadway separately.
(9) Shoulder shall mean the portion of a highway that is:
a. adjacent to the roadway;
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b. designed or ordinarily used for parking;
c. distinguished from the roadway by different design, construction, or marking; and
d. not intended for normal vehicular travel.
(10) Sidewalk shall mean that improved surface which is between the curblines, or lateral line
of a roadway, and the adjacent property line, and is designed, intended or ordinarily used
for pedestrian travel.
(11) Street or highway shall mean the entire width between the public right-of-way lines,
including but not limited to frontage roadways, of every way publicly maintained when
any part thereof is open to the use of the public for purposes of vehicular travel.
(12) Traffic median shall mean a paved or planted area of public right-of-way dividing a street
or highway into lanes according to the direction of travel and shall be held to include the
curb, if any, at the outer edge of said area.
(13) Vehicle or motor vehicle shall mean a device that can be used to transport or draw persons
or property on a highway (or "have the same meaning as defined under Section 541.201
of the Texas Code of Transportation as may be amended from time to time.")
9.2203 PROHIBITION OF SOLICITING ON INTERSTATE HIGHWAYS, STATE HIGHWAYS,
FARM -TO -MARKET ROADS, OR ARTERIAL ROADWAYS
A person commits an offense if he or she promotes, advertises, sells, distributes, or solicits
financial assistance, employment, transportation, donations, money, goods or any other service,
property or product:
1. Upon or within the public right-of-way of an interstate highway, state highway, farm -
to -market road or any arterial roadway; or
2. Upon or within the public right-of-way within two hundred fifty (250) feet of an
intersection of a street or roadway crossing of such interstate highway, state highway,
farm -to -market road, or arterial roadway.
9.2204 CAUSING A CHILD TO SOLICIT
It shall be unlawful for a person to knowingly cause a child twelve (12) years of age or younger
to stop, stand, sit, walk upon or occupy any portion of a public right-of-way for the purpose of
promoting, advertising, selling, distributing, or soliciting financial assistance, employment,
transportation, donations, money, goods or any other service, property or product to or from
occupants of motor vehicles or pedestrians.
9.2205 NO SOLICITING NEAR PUBLIC OR PRIVATE SCHOOLS
A person commits an offense if he or she solicits in the public right-of-way that is within one
thousand (1,000) feet of any public or private elementary or secondary school between the hours
of 7:30 a.m. and 4:30 p.m. on days when such school is in session. The measurement of the
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distance shall be from the nearest property line of the public or private elementary or secondary
school.
9.2206 COMPLIANCE WITH OTHER LAWS
This Section does not relieve responsibility for compliance with Texas Transportation Code,
Chapter 552, Pedestrians, or any other statute or ordinance that may be applicable.
A. The effective date of this Ordinance shall be January 1,
2004.
B. All ordinances, parts of ordinances, or resolutions in
conflict herewith are expressly repealed.
C. The invalidity of any section or provision of this
ordinance shall not invalidate other sections or provisions
thereof.
D. The City Council hereby finds and declares that written
notice of the date, hour, place and subject of the meeting at which
this Ordinance was adopted was posted and that such meeting was
open to the public as required by law at all times during which
this Ordinance and the subject matter hereof were discussed,
considered and formally acted upon, all as required by the Open
Meetings Act, Chapter 551, Texas Government Code, as amended.
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READ and APPROVED on first reading this the 1 day of
, 2003.
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READ, APPROVED and ADOPTED on second reading this the
a�day of 4.tuyytheo , 2003.
ATTEST:
CHRISTINE R. MARTINEZ, City Secre
5
MAX ^ LL, Mayor
y of Round Rock, Texas
DATE: September 19, 2003
SUBJECT: City Council Meeting - September 25, 2003
ITEM: *13.A.1. Consider an ordinance amending Chapter 9 of the Round
Rock Code of Ordinances (1995 Edition), adding Section
9.2200 Prohibiting Solicitation by Pedestrians on Public
Rights -of -Way. (Second Reading)
Resource: Paul Conner, Police Chief
History: In August, staff made a presentation to City Council regarding
solicitations occurring on major thoroughfares in the City. The
presentation indicated that soliciting from or by vehicle occupants
can unnecessarily distract drivers, delay or obstruct the free flow of
public travel, increase traffic congestion, and create unsafe
conditions for vehicles, and the solicitors themselves.
This proposed ordinance adds a new section to Traffic Regulations.
Generally, this ordinance:
• Prohibits solicitations upon public right-of-way of state or federal
highways or City arterial roadways (as established in the City
Transportation Master Plan);
• Prohibits solicitations within 250 feet of an intersection crossing the
state or federal highway or arterial roadway;
• Prohibits children 12 and younger from soliciting on any portion of a
public right-of-way; and
• Prohibits soliciting within 1,000 feet of a public or private
elementary or secondary school during certain hours.
Funding:
Cost: N/A
Source of Funds: N/A
Outside Resources: N/A
Impact/Benefit: This ordinance addition would address problems arising
from solicitations on City's thoroughfares.
Public Comment: N/A
Sponsor: N/A