(a) For the purposes of this section:
(1) “Aggressive conduct” means:
(A) Continuing to approach or follow a person after they have expressly indicated disinterest or attempted to leave;
(B) Making unlawful and intentional physical contact of an insulting or provoking nature to the person of another or their property or unlawfully causes physical harm to another person;
(C) Unlawfully attempting to commit a violent injury to the person of another or unlawfully committing an act that places another in reasonable apprehension of immediately receiving a violent injury; or
(D) Blocking or obstructing the path of a pedestrian or vehicle in a manner that prevents safe passage.
(2) “Public right-of-way” means any publicly owned street, sidewalk, median, crosswalk, or intersection, excluding designated parks, plazas, or other areas not primarily used for vehicular or pedestrian traffic.
(3) “Safety impacting activity” means any conduct in a public right of way, regardless of purpose, that involves:
(A) Approaching or interacting with vehicles or pedestrians;
(B) Occupying an unsafe location; or
(C) Any activity that could impede traffic flow and impact public safety.
(4) “Unsafe location” means:
(A) Within medians less than six feet wide;
(B) Within 20 feet of an intersection, crosswalk, or driveway entrance or exit;
(C) On any roadway or shoulder where the speed limit exceeds 25 miles per hour; or
(D) Within 10 feet of an automated teller machine (ATM), public transportation stop, or school entrance during operating hours.
(b) A permit is required for any safety impacting activity for activities occurring no earlier than 30 minutes before sunrise and no later than 30 minutes prior to sunset. This requirement applies to all safety impacting activities, including but not limited to solicitation, protesting, vending, or casual gatherings.
(c) Permits for any safety impacting activity shall not be subject to any fees and shall be issued by the county sheriff’s office or a designated municipal office within the locality where the activity will take place, upon submission of:
(1) A valid state or federally issued photographic identification;
(2) A brief description of the planned activity, location, and duration and used only to confirm compliance with the provisions of this section and to avoid conflicts with prior permits for the same space; and
(3) Acknowledgment of compliance with the prohibited conduct in subsection (h).
(d) Permits shall be issued automatically, without discretion, and if the application is complete, on a first come and first served basis for the requested location and time: Provided, That any permit for a safety impacting activity shall only granted to an applicant for activities occurring no earlier than 30 minutes before sunrise and no later than 30 minutes prior to sunset.
(e) Applications for permits for any safety impacting activity may be submitted in person no later than one day prior to the date designated for the safety impacting activity, and no earlier than one week prior thereto: Provided, That no person may apply for a permit pursuant to this section more than twice within any six month period. If a permit for any safety impacting activity is denied because of an incomplete application or location conflict, the applicant shall be notified in writing with reasons and may appeal this decision to the magistrate court that has jurisdiction over the locality where the denial of the permit occurred.
(f) Permits are valid for twenty-four hours from issuance. Upon issuance, the permit must state upon its face the name of the sole person authorized to engage in a safety impacting activity, and the date and time during which this activity is permitted. Any safety impacting permit for a public right-of-way issued pursuant to this section is non-transferable.
(g) Any person granted a safety impacting permit for a public right-of-way pursuant to this section must carry both the permit issued by a county sheriff’s office, or designated municipal office, and a valid state or federally issued photographic identification, at all times while engaging in the safety impacting activity. If asked by any law enforcement officer to show a permit while engaging in a safety impacting activity, the person must immediately exhibit the permit and his or her photo identification.
(h) It is unlawful for any person to engage in the following without a valid permit or at any time if the conduct violates the following:
(1) Standing, sitting, or remaining in an unsafe location in a manner that distracts drivers or impedes traffic flow;
(2) Approaching or entering a vehicle on a roadway without the operator’s prior consent;
(3) Engaging in aggressive conduct toward any pedestrian, driver, or occupant in a motor vehicle;
(4) Knowingly using an object with the intention to obstruct a sidewalk or pathway in a manner that causes others to detour into traffic in order to avoid the object; or
(5) Performing any service on a motor vehicle without the operator’s consent.
(i) This section applies to all activities, including but not limited to solicitation, protesting, vending, or casual loitering, and does not prohibit passive activities like holding a sign on a safe sidewalk portion: Provided, That it is unlawful for any person to engage in aggressive conduct in any location.
(j) The prohibitions in subsection (g) and (h) apply at all times and may be enforced more stringently during low-visibility hours.
(k) Upon a first offense, a person violating any of the provisions of this section is guilty of a misdemeanor and, upon conviction, shall be fined $100. Upon a second or subsequent violation of the provisions of this section, a person is guilty of a misdemeanor and, upon conviction, shall be fined not less than $250 nor more than $1000. Upon a third offense, the individual shall no longer be permitted to apply for a permit for any safety impacting activity revoked in the municipality or locality where the violations occurred. The magistrate court located in the county where a violation of this section is alleged to have occurred, and the municipal court in the municipality where a violation of this section is alleged to have occurred, shall have concurrent jurisdiction with respect to the misdemeanor criminal offenses contained within this subsection.
(l) Nothing in this section prohibits an officer from issuing other citations, or effectuating any arrests, should a law enforcement officer have probable cause to believe that other laws of the state have been violated.
Adopted
Rejected