§ 5-193.01. Prohibited sales, solicitations and distributions in roadway(s) and certain other portions of the right-of-way.

(a)

It shall be unlawful for any person, firm or corporation, by its officers, agents or employees, to sell or to attempt to sell goods, wares or merchandise of any description to, or to solicit or accept any donation from, or to distribute printed matter or materials of any description to, any occupant of a motor vehicle when said motor vehicle is in a roadway, as defined under the Transportation Article of the Annotated Code of Maryland.

(b)

Notwithstanding any other provision of this Division, it shall be unlawful for any hawker, peddler, roadside vendor, huckster, itinerant vendor, or any other person to sell, attempt to sell, or display for sale any goods, wares, merchandise, or other items of any description while upon the right-of-way, or from a vehicle upon the right-of-way except for the following:

(1)

Automotive equipment to the owner or occupant of a vehicle disabled in a roadside emergency;

(2)

Live or cut flowers, plants, artificial flowers (and including crosses or other adornments for graveside use);

(3)

Fruits, vegetables, or other agricultural products;

(4)

Baked goods;

(5)

Fish or shellfish;

(6)

Any meat or meat product, cooked and offered for immediate consumption;

(7)

Gum or candy; chips or other edible goods offered in individual servings for immediate consumption;

(8)

Individual cans, bottles, or other single serving containers of soft drinks, juice, or other nonalcoholic beverages;

(9)

Ice cream, ice cream products, or other frozen novelties.

(10)

Goods licensed for sale pursuant to a Stadium Event License along roadways appurtenant to parking lots at the Stadium.

(11)

Mobile units that are authorized as participants of a designated Food Truck Hub as defined by Section 5-189.01.

(c)

It shall be unlawful for any hawker, peddler, roadside vendor, huckster, itinerant vendor, or any other person to sell, attempt to sell, or display for sale any goods, wares, merchandise, or other items of any description, with the exception of (b)(1), above, while upon the right-of-way of a road designated a "Gateway Road" by resolution of the County Council.

(d)

It shall be unlawful for any hawker or peddler to park on public rights-of-way to sell, or attempt to sell goods, wares, or merchandise of any description from a motor vehicle, vehicle or stand when:

(1)

Within one hundred (100) yards of an intersection of two roads.

(2)

Within one hundred (100) yards of the vehicular entrance to or exit from a public school.

(3)

Within one hundred (100) yards of a vehicular entrance to or exit from an integrated shopping center as defined in the Zoning Ordinance of Prince George's County, or entrance to or exit from said shopping center's parking lot.

(e)

It shall be unlawful for any mobile vendor to park on public rights-of-way to sell, or attempt to sell, goods, wares, or merchandise of any description from a motor vehicle, vehicle, or stand when:

(1)

Within twenty-five (25) feet of an intersection of two roads;

(2)

Within one hundred (100) yards of the vehicular entrance to or exit from a public school;

(3)

Within one hundred (100) yards of a vehicular entrance to or exit from an integrated shopping center as defined in the Zoning Ordinance of Prince George's County, or entrance to or exit from said shopping center's parking lot.

(f)

It shall be unlawful for any hawker, peddler, or itinerant vendor to sell or offer for sale on a public right-of-way any goods, wares, or merchandise which are displayed separately and apart from his parked motor vehicle or vehicle except for those items described in Subsection (b), above.

(g)

It shall be unlawful for any mobile vendor to park on public rights-of-way to sell, or attempt to sell, goods, wares, or merchandise of any description from a motor vehicle except:

(1)

While remaining in the motor vehicle with the motor running and emergency flasher light operating; and

(2)

For a period of less than ten minutes.

(h)

Any person who violates the provisions of Subsections (a), (b), (c), (d), (e), or (f) of this Section shall be deemed guilty of a misdemeanor, and, upon conviction, shall be subject to a fine of not less than Two Hundred and Fifty Dollars ($250.00), for the first offense; Five Hundred Dollars ($500.00), for the second offense; Seven Hundred and Fifty Dollars ($750.00), for the third offense; and Seven Hundred and Fifty Dollars ($750.00), for each subsequent offense.

(CB-163-1975; CB-87-1976; CB-106-1978; CB-10-1985; CB-91-1987; CB-16-1996; CB-106-1997; CB-26-2009; CB-16-2015; CB-55-2018)

Editor's note— CR-15-1996 designated Maryland Routes 4, 5, 214, 210 and its service roadway, 202, and 3/301 as Gateway Roads.

CR-54-1998 designated a portion of Suitland Road as a Gateway Road.