4800 West 92nd Avenue Westminster, CO 80031

City Government

 

4. Solicitation On Or Near Street Or Highway

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CHAPTER 4
SOLICITATION ON OR NEAR STREET OR HIGHWAY

9-4-1: SOLICITATION ON OR NEAR STREET OR HIGHWAY
9-4-2: SOUND TRUCKS
9-4-3: VIOLATIONS

9-4-1:  SOLICITATION ON OR NEAR STREET OR HIGHWAY:  (2362 2387)

(A) The purpose of this Chapter is to prevent dangers to persons and property, to prevent delays, and to avoid interference with the traffic flow.  Roadways that have center medians often are designed to deal with specific traffic flow problems.  Any delay or distraction may interfere with traffic planning.  Sometimes persons stand near intersections and near traffic lights to contact drivers or passengers in cars that are passing or that are stopped temporarily due to traffic lights.

(B) It shall be unlawful for any person to solicit employment, business, contributions, or sales of any kind, or collect monies for the same, from the occupant of any vehicle traveling upon any street or highway when such solicitation or collection either: 

(1) Causes the person performing the activity to enter onto the traveled portion of a street or highway.
(2) Involves the person performing the activity to be located upon any median area which separates traffic lanes for vehicular travel in opposite directions. 
(3) The person performing the activity is located such that vehicles cannot move into a legal parking area to safely conduct the transaction. 

(C) It shall be unlawful for any person to solicit or attempt to solicit employment, business, contributions or sales of any kind, or collect monies for the same, from the occupant of any vehicle on any highway included in the interstate system including any entrance to or exit from such highway. 

(D) For purposes of this Chapter, the traveled portion of the street or highway shall mean that portion of the road normally used by moving motor vehicle traffic.

(E) A violation of this Chapter is a criminal offense, punishable by a fine or imprisonment, or both, as provided in Section 1-8-1 of this Code. 

9-4-2:  SOUND TRUCKS:  (1224 2001 3017 3563) 

(A) The use of sound trucks with sound amplifying equipment in operation shall be subject to the following regulations:

(1) The only sounds permitted to be amplified are music or human speech.
(2) Operations are permitted for nine (9) hours each day.  The permitted nine (9) hours of operation shall be between the hours of ten o’clock (10:00) AM and seven o’clock (7:00) PM.
(3) Sound amplifying equipment shall not be operated unless the sound truck upon which such equipment is mounted is operated at a speed of less than twelve (12) miles per hour.  When stopped to make sales, said sound amplifying equipment shall not be operated.

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(4) Sound shall not be issued within one hundred (100) yards of hospitals, or within one hundred (100) yards of churches during the hours services are being held, or within five hundred (500) feet of a school during the school year. 
(5) The human speech and music amplified shall not be profane, lewd, indecent or slanderous. 
(6) The volume of sound shall be controlled so that it will not be audible for a distance in excess of one hundred (100) yards from the sound truck and so that said volume is not unreasonably loud, raucous, jarring, disturbing or a nuisance to persons within the area of audibility.
(7) It shall be unlawful for any sound truck to amplify sound along any particular route more than one time during a twenty-four (24) hour period.
(8) It shall be unlawful for any sound truck to stop within twenty-five (25) feet of an intersection when making a sale, or attempting to make a sale.
(9) It shall be unlawful for any sound truck to double park, or park in a manner contrary to any ordinance relating to parking, when attempting a sale or making a sale.
(10) It shall be unlawful for any sound truck to make a U-turn in any block.
(11) It shall be unlawful for any driver of a sound truck to drive his vehicle backward to make or attempt to make a sale.
(12) It shall be unlawful for any driver of a sound truck to sell to any person who is standing in the street.
(13) It shall be unlawful for any driver of a sound truck to permit any person to hang on the vehicle, or permit any person to ride in or on the vehicle, except a bona fide assistant or assistants.
(14) All sound trucks must be equipped with four (4) way flashing lights, both parking and taillights.  Trucks must have lights flashing while seeking or making a sale.

(B) It shall be unlawful for any person to use or cause to be used, a sound truck with its sound amplifying equipment in opertion in the City without having paid an annual registration fee of $5 per vehicle and filed a registration statement with the City Clerk in writing and having it approved by the City Manager and City Clerk.  This statement shall be filed in duplicate and include the following information: 

(1) Name and address of the registrant,
(2) Name and address of person having direct charge of the sound truck,
(3) Name and address of all persons who will use or operate the sound truck,
(4) The purpose for which the sound truck will be used,
(5) A general statement as to the areas of the City in which the sound truck will be used,
(6) The proposed hours of operation of the sound truck,
(7) The number of days of proposed operation of the sound truck.

 
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(C) DEFINITIONS:

(1) “Sound truck” shall mean any vehicle, or horse-drawn vehicle, having mounted, thereon, or attached thereto, any sound amplifying equipment.
(2) “Sound amplifying equipment” shall mean any machine or device for the amplification of the human voice, music or any other sound.  “Sound amplifying equipment” shall not be construed as including standard automobile radios when used and heard only by the occupants of the vehicle in which installed, or warning devices on authorized emergency vehicles, or horns or other warning devices on other vehicles used only for traffic safety purposes.

9-4-3:  VIOLATIONS:  (3563)  A violation of this Chapter is a criminal offense, punishable by a fine or imprisonment, or both, as provided in Section 1-8-1 of this Code.

 

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