§ 19-8. Soliciting from occupants of vehicles prohibited; causing a child to solicit from occupants of vehicles prohibited; penalty.

(a)

It shall be unlawful for a person to stand on a traffic median, shoulder, improved shoulder or sidewalk and solicit, or attempt to solicit, employment, business or charitable contributions from the occupants of any vehicle on a roadway.

(b)

It shall be unlawful for a person to knowingly cause a child ten (10) years of age or younger to stand on a traffic median, shoulder, improved shoulder or sidewalk and solicit, or attempt to solicit, employment, business or charitable contributions from the occupants of any vehicle on a roadway.

(c)

For purposes of this section, the term "cause" shall mean aid, direct, hire, encourage, permit, or allow.

(d)

Violation of any portion of this section constitutes a misdemeanor punishable by a fine not to exceed two hundred dollars ($200.00).

(e)

Notwithstanding the other provisions of section 19-8 or any other provision in the City Code, a person seventeen (17) years of age or older may solicit employment, business or charitable contributions while standing on a traffic median, shoulder, improved shoulder, sidewalk, or the improved portion of the roadway from occupants of any vehicle on a roadway provided said person wears a florescent orange visibility vest, does not impede traffic, enters or remains in a roadway only while the controlling traffic signal prohibits vehicle movement, and has obtained a permit to do so, or who is a member of an organization which has obtained a permit to do so, from the chief of police.

(f)

Permits may be issued to no person or organization more than once per calendar year for a period of no more than two (2) consecutive days, which days must fall within fifteen (15) days prior to a nationally-recognized holiday, and for no hours other than those between the hours of 9:00 a.m. and one (1) hour before sunset.

(g)

The chief of police shall issue a solicitation permit upon application provided said application states the name and address of the person or organization for whom solicitations are made, the names and addresses of the persons soliciting, the locations at which soliciting will take place, and the times during which the soliciting will take place.

(h)

Permit applications must be accompanied by a fee of two hundred dollars ($200.00) and a certificate of insurance signed by an agent authorized to bind coverage indicating that the applicant has obtained, at his sole expense, insurance coverage (1) that is written by an insurance company with an A- or better rating by AM Best and that is admitted and licensed to do business in the State of Texas; (2) that is in full force and effect for the duration of the permit period; (3) that provides one million dollars ($1,000,000.00) of liability coverage per occurrence with no deductible; (4) that insures the applicant and all persons who will be soliciting; (5) that names the City of San Antonio, its officers, employees, and elected representatives as an additional insureds; (6) that provides that any insurance or self-insurance maintained by the city shall apply in excess of and not contribute with it; (7) that is written on an occurrence basis; and (8) that is otherwise acceptable to, and approved by, the risk manager of the City of San Antonio.

(i)

Notwithstanding the other provisions of §§ 19-8, 16-227, 16-240 or any other provision of the City Code, a person sixteen (16) years of age or older may solicit the sale of newspapers to occupants of motor vehicles from sidewalks, walkways, raised medians, islands and other off-roadway surfaces and may deliver the newspaper to any such occupant who responds to the solicitation in order to complete the sales transaction so long as doing so does not impede traffic flow and provided that such person wears a fluorescent orange visibility vest. The owner and publisher of the newspaper will be responsible for periodically monitoring the activity of any such solicitor under the age of eighteen (18), such monitoring to be done by an agent or employee of the newspaper who is at least twenty-one (21) years of age. Any solicitor under the age of eighteen (18) must have the consent of a parent or adult having custody of the child.

(j)

The owner and publisher of any newspaper distributed pursuant to subsection (i) shall maintain at its sole expense insurance coverage:

(1)

That is written by an insurance company with an A- or better rating by AM Best and that is submitted and licensed to do business in the state;

(2)

That is in full force and effect at any time sales and distribution are being conducted pursuant to subsection (i);

(3)

That provides one million dollars ($1,000,000.00) of liability coverage per occurrence;

(4)

That insures the newspaper and all persons who will be selling and distributing on its behalf;

(5)

That names the city, its officers, employees and elected representatives as additional insures;

(6)

That provides that any insurance or self-insurance maintained by the city shall apply in excess of and not contribute with it; and

(7)

That is written on an occurrence basis.

The owner and publisher shall file and keep current a certificate of insurance signed by an agent authorized to bind coverage indicating that the owner and publisher has obtained the aforementioned insurance coverage, with the chief of police.

(Ord. No. 71696, §§ 1—5, 6-7-90; Ord. No. 82745, § 1, 8-31-95; Ord. No. 100823, § 1, 5-5-05)

Cross reference

Peddlers, hawkers, canvassers, and solicitors, § 16-226 et seq.