ORDINANCE NO.  05-10(  )

AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 10, OFFENSES--MISCELLANEOUS, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA.

 

BE IT ORDAINED by the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 10, Offenses--Miscellaneous, of the Code of the County of Albemarle, Virginia, is hereby amended and reordained as follows:

 

By Adding:

Sec. 10-123       Prohibited Activities on Public Roadways and Medians

 

CHAPTER 10.  OFFENSES -- MISCELLANEOUS

 

* * * * *

 

Sec. 10-123 Prohibited Activities on Public Roadways and Medians

 

A.        Definitions:

 

                        Roadway.  As used in this section, the term “roadway” means that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the shoulder. A highway may include two or more roadways if divided by a physical barrier or barriers or an unpaved area.

 

                        Center Median.  As used in this section, the term “center median” means any area in the middle of any roadway, designed to provide a barrier to keep traffic on one side of the road from going to the other side of the road.

 

Selling, offering for sale, advertising, soliciting, distributing or distribute.  As used in this section, “selling, offering for sale, advertising, soliciting, distributing or distribute means any such activity which involves the delivery of any document, publication or other item or the intent to deliver any document, publication or other item to any occupant of a motor vehicle located on a county roadway or any such activity which involves the receipt of any money or any item or the intent to receive any money or any item from the occupant of an automobile located on a county roadway.

 

B.         It shall be unlawful for any person while standing on any public roadway or center median to:

 

1.         Distribute handbills, leaflets, bulletins, literature, advertisements or similar material to the occupants of motor vehicles.

 

2.         Solicit contributions of any nature from the occupants of motor vehicles.

 

3.         Sell or attempt to sell merchandise to the occupants of motor vehicles.

 

            C.         Any person violating any provision of this section shall be guilty of a traffic infraction, punishable as provided under state law.  Each separate incident may be considered a new violation. 

 

                State Law References: Authority to enact section, Code of Virginia, section 46.2-931.

 

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