§ 82-1. Roadway solicitation and commercial use of public rights-of-way prohibited.
(a)
Roadway solicitation.
(1)
Intent and purpose. The purpose of this section is to regulate solicitation and distribution on designated roadways in a manner that is narrowly tailored to serve the Pasco County's significant interests in vehicular and pedestrian safety and the free flow of traffic. This section applies even handedly to all persons that desire to engage in roadway solicitation, regardless of their message, and leaves open ample alternative channels of communication to solicit and distribute products, materials and money. This section does not authorize commercial use of any public right-of-way, or authorize activities prohibited by the zoning regulations or any other law or regulation.
(2)
Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Designated roadways means the interstate system (including interstate entrance and exit ramps), and arterial and collector roadways or rights-of-way. For purposes of this definition, collector and arterial roadways or rights-of-way shall be those roadways classified as collector, arterial, or interstate/toll roadways on the Pasco County Comprehensive Plan Future Traffic Circulation Map, or classified as a collector, arterial, or interstate/toll roadway pursuant to the functional classification or reclassification procedures and criteria established pursuant to the Pasco County Comprehensive Plan. This definition also encompasses those portions of these designated roadways located within a municipality. It also encompasses the first 440 feet of local roadways intersecting with these designated roadways. The portions of these designated roadways subject to this section include the portions within the area open for vehicular traffic (including medians), plus four feet outside of the shoulders and/or curbs.
Legally parked means a vehicle that is standing, stopped or parked in an area designated or legally authorized for parking.
The traveled portion of a designated roadway means any portion of a designated roadway (including travel lanes, turn lanes, and shoulders) that is normally used by moving motor vehicle traffic that is not a lawful parking area.
(3)
Prohibitions. It shall be unlawful to solicit or attempt to solicit employment, business, contributions, donations, or sales or exchanges, of any kind, from the driver or an occupant of a motor vehicle, or to distribute or attempt to distribute any product or material to the driver or an occupant of a motor vehicle, when:
a.
The motor vehicle is located on the traveled portion of a designated roadway and is not legally parked; and
b.
Such solicitation or distribution, or attempted solicitation or distribution, results in, or is intended to result in, a transfer of money or any other thing of value, or a transfer of any other product or material, between the person engaging in the solicitation or distribution, or attempted solicitation or distribution, and the driver or an occupant of the motor vehicle.
(4)
Exemptions. The prohibitions contained in this section shall not apply to:
a.
Vehicles traveling on a roadway not open for travel by the general public;
b.
Activities such as sign holding; picketing; or in-person advertising such as dancing, sign spinning, and costumed appearances on the public rights-of-way. Such activities are not prohibited by this section because they do not result in, and are not intended to result in, a transaction by a pedestrian with the driver or an occupant of a motor vehicle on the traveled portion of a designated roadway.
c.
Activities such as advertising, distribution of goods or materials, or business or charitable solicitation that is directed toward pedestrians on sidewalks, if consistent with local zoning regulations.
(b)
Commercial use of public rights-of-way. No person may use any public right-of-way for commercial activity. Commercial activity prohibited by the section includes, but is but not limited to, vending or sale of goods, display of goods for sale, storage of goods for sale or in connection with commercial activity, or repair or manufacturing of goods. Signage is not "commercial activity" regulated by this chapter.
(c)
Penalties. Any person who is found to be in violation of any provision of this section shall immediately cease the activity in violation and may be issued a citation punishable by a fine not to exceed $500.00. Each action in violation of a provision of this chapter shall constitute a separate offense. Issuance of a citation does not preclude an action for injunction, issuance of a trespass warning where authorized, or any other legal remedy available to Pasco County.
(Ord. No. 96-06, §§ 1—3, 3-13-96; Ord. No. 11-10, § 1, 7-26-11; Ord. No. 12-19(Corr.), § 1, 8-21-12; Ord. No. 16-06, § 3, 4-26-16)