COUNTY OF ALBEMARLE
Ordinance to amend County Code Chapter 10, Offenses- Miscellaneous, to prohibit certain activities on public roadways and medians
Request to set public hearing to consider proposed ordinance to amend County Code Chapter 10, Offenses- Miscellaneous, regarding prohibiting certain activities on public roads and medians
Tucker, Foley, Davis, Miller
LEGAL REVIEW: Yes
June 1, 2005
ACTION: X INFORMATION:
The General Assembly adopted enabling legislation during the 2005 session authorizing Albemarle County to adopt a local ordinance to prohibit solicitations and other related activities on public roadways and medians. The enabling authority is effective July 1, 2005. The ordinance, if adopted, would be codified in the Albemarle County Code.
Goal: 3.1 Make the County a safe and healthy community in which citizens feel secure to live, work and play.
The attached draft ordinance provides that it shall be unlawful for any person while standing on any public roadway or median therein 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; or (3) sell or attempt to sell merchandise to the occupants of motor vehicles.
A violation of the ordinance would be punishable as a traffic infraction as required by the state enabling authority. Enforcement would be the responsibility of the Police Department.
The Police Department is requesting this ordinance for public safety reasons. The Department has received a growing number of complaints from citizens who have been approached while in their vehicles by solicitors at various times. Due to the ever-increasing amount of traffic in the County, the number of complaints and the potential for injury to drivers and their passengers, as well as the solicitors, the Police Department believes the ability to issue citations and collect fines will help deter this activity.
The Police Department has determined that there would be no significant budget impacts associated with the adoption of this ordinance.
Staff recommends that the Board of Supervisors set the attached proposed ordinance for public hearing on July 6, 2005.
Attachment A - Draft Ordinance
Attachment B – Virginia Code § 46.2-932, effective July 1, 2005
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