§ 32-1. Hitchhiking.

(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:

Hitchhike and solicit or attempt to solicit a ride from the driver of any vehicle mean any overt act on the part of an individual indicating that he or she is seeking to have a passing vehicle stop for the purpose of obtaining a ride from the driver thereof.

Overt act means and shall be limited to include the waving of one (1) or both arms or gesturing with the arms or hands or body in such a manner so as to attract the attention of passing motorists in an attempt to have them stop their vehicle and give such person a ride. The term "overt act" shall also include the wearing or use of signs large enough to be read by passing motorists indicating that said individual wishes to be transported. Only the person exhibiting any such overt act shall be in violation of this section, and this section shall not apply to any person merely because he or she happens to be present near the person who is exhibiting the overt act.

(b)

Prohibited. It shall be unlawful for any person to stand or position himself upon any street, highway or road right-of-way and hitchhike, solicit or attempt to solicit a ride from the driver of any vehicle.

(c)

Exceptions. This section shall not apply to instances involving a disabled vehicle which, due to mechanical or other reason, is incapable of operation in a safe manner, where the driver of such vehicle exits the vehicle and either lifts the hood or places a handkerchief or rag or similar distress signal on such vehicle indicating that such vehicle is disabled. Nor shall this section apply if such driver of such disabled vehicle hitchhikes or solicits or attempts to solicit assistance from passing motorists so long as he shall do so in the immediate 20-foot vicinity of the disabled vehicle. This section shall likewise not apply to any instance of valid public or private emergency wherein the health, safety and physical safety of a person is in jeopardy and such person is in immediate need of medical attention or police or fire protection.

(Code 1999, § 11-3)