Sec. 804.1701. - Pedestrian and Vehicle Safety.

(a) 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: (1) Designated roadways means the interstate/intrastate system (including interstate/intrastate entrance and exit ramps), and arterial and collector roadways and rights-of-way. For purposes of this definition, collector and arterial roadways and rights-of-way shall be those roadways (and their rights-of-way) classified as a collector or higher on the Functional Highway Classification Map of the Comprehensive Plan. It also encompasses the first 440 feet of local roadways intersecting with these designated roadways and any areas within the rights-of-way not designated or intended for pedestrian use. 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. (2) Legally parked means a vehicle that is standing, stopped, or parked in an area designated, or legally authorized, for parking. (3) The traveled portion of a designated roadway means any portion of a designated roadway (including travel lanes, turn lanes, bike lanes and shoulders) that is normally used by moving motor vehicle traffic that is not an area designated for or routinely used as a parking area for the general public. (4) Median means any area separating traffic lanes on a roadway. A median includes, but is not limited to, any paved or unpaved, marked or unmarked, landscaped or non-landscaped, portions of a roadway which exist between lanes of traffic. For the purpose of this Section, the phrase "public rights-of-way" shall be defined as set forth in F.S. § 334.03(21), and Section 711.103, Ordinance Code, and they may be amended from time to time. (b) Prohibitions. Except as provided herein, or as otherwise permitted by law or through a valid permit issued pursuant to Section 804.807 , it is unlawful to make any use of the public rights-of-way in a manner that interferes with the safe and efficient movement of people and property from place to place on a public road or right-of-way. Such prohibited activity includes: (1) Occupancy of median. It is unlawful for any person to stop, stand, or otherwise occupy or remain in a median on any designated roadway when that person is not in the process of lawfully crossing the road in accordance with applicable traffic and safety laws. Stopping, standing, or otherwise occupying a median through two consecutive opportunities to cross in accordance with applicable traffic and safety laws is prima facie evidence of a violation of this Subsection. (2) Physical interaction on roadway. It is unlawful for any person to engage in any physical interaction between a pedestrian and an occupant of a motor vehicle, including but not limited to the transfer of any product or material, while the motor vehicle is not legally parked and is located on the traveled portion of a designated roadway. (3) Commercial use of public rights-of-way. It is unlawful to use any public right-of-way for commercial activity. Commercial activity prohibited by this Section includes, but is not limited to, vending or sale of goods, display of goods for sale, storage of goods for sale in connection with commercial activity, or repair or manufacturing of goods. Signage is not "commercial activity" regulated by this chapter; however, there shall be no signage placed or displayed in any median, except for safety signage that may be required by a permit issued pursuant to Section 804.807 . (c) Exemptions. Nothing in this Section shall prohibit the following: (1) Law Enforcement, fire and rescue, or other government employees or contractors acting within the scope of their lawful authority; (2) A person lawfully conducting inspection, construction, maintenance, repair, survey, or other similarly authorized services; (3) A person responding to lend aid during an emergency situation or who is within the roadway due to a mechanical or physical defect in his or her vehicle that occurred while driving in the roadway; (4) Entering or exiting a bus or other public transit system; (5) Use of public roads and rights-of-way that have been closed to vehicular traffic for a special event permitted by the appropriate governmental entity; and (6) A person or entity engaged in charitable solicitations while in possession of a valid permit issued pursuant to Section 804.807 , so long as such person is in compliance with the requirements of that Section and the terms of the permit and safety plan, and any person engaged in donating to such permitted organization or individual. (d) Penalties. The following civil and criminal penalties may be assessed by administrative or judicial process. (1) In addition to other penalties authorized herein, a person who violates this Section may be administratively or judicially assessed a civil penalty of up to $100 for each violation, provided: (i) For the first offense, the offender is given an educational notice from the Sheriff's Office educating the offender, and the notice shall be documented in the Sheriff's information system for due process and recordkeeping. (ii) For the second violation, the offender shall also be given an official warning and may be trespassed as applicable from the non-pedestrian part of the hundred block of the right-of-way. (iii) For the third violation, if an additional warning is not appropriate, a civil citation shall be issued. (iv) For the fourth violation, in conjunction with the civil penalties, the offender may be arrested or given a notice to appear, as applicable, with a maximum of ten days penalty if the violator is arrested and convicted. (2) A person who aids or participates in a violation for which a civil penalty may be assessed under this Part shall be considered a principal in the violation and may be assessed a civil penalty of up to the maximum amount prescribed for that violation. (3) Due to the transient nature of these activities, each incident occurring more than every 20 minutes after the violation has been corrected shall constitute a separate violation. (Ord. 2022-574-E , § 2)