PRINTER'S NO. 397
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE RESOLUTION
No.
79
Session of
2019
INTRODUCED BY CRUZ, HILL-EVANS AND NEILSON, FEBRUARY 11, 2019
REFERRED TO COMMITTEE ON URBAN AFFAIRS, FEBRUARY 11, 2019
A RESOLUTION
Urging the City of Philadelphia to launch a public education
campaign on the prohibitions and safety hazards associated
with pedestrians soliciting a ride, employment, business or
contributions along roadways, and urging the Philadelphia
Police Department to more strictly enforce State and local
laws.
WHEREAS, The primary intended purpose of the highway and
roadway system is the safe and efficient transport of vehicular
traffic; and
WHEREAS, Many major highways and roadways within this
Commonwealth, and specifically in the City of Philadelphia, are
congested, heavily traveled and carry more traffic than they
were constructed and designed to handle; and
WHEREAS, The presence of individuals along a highway or
roadway within the City of Philadelphia presents concerns for
the individuals' safety and the safety of motorists; and
WHEREAS, The safety concerns are heightened when individuals
linger, remain or loiter in the roadways or otherwise act to
distract motorists; and
WHEREAS, The dangerous combination of distracted motorists
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and individuals stopping or standing on a roadway can hinder the
free flow of traffic, increase congestion and increase the risk
of traffic accidents; and
WHEREAS, In 2017, there were 128,188 reportable traffic
accidents in Pennsylvania, of which 1,137 individuals lost their
lives and 80,612 people were injured; and
WHEREAS, In the same year, the City of Philadelphia had
11,160 traffic accidents and 94 traffic-related deaths, of which
37 involved pedestrian fatalities and 1,591 involved injuries to
pedestrians; and
WHEREAS, In the City of Philadelphia, public highway
solicitation of funds for any purpose is prohibited unless the
Department of Licenses and Inspections determines that a
particular location or activity does not present a safety hazard
to the excepted vendor, solicitor or the public as authorized by
section 10-611 of the Philadelphia Code; and
WHEREAS, Roadway solicitation is prohibited in this
Commonwealth by 75 Pa.C.S. § 3545, which states in part that no
person shall stand on a roadway for the purpose of soliciting a
ride, employment, business or contributions from the occupant of
any vehicle; and
WHEREAS, The only statutory exception to the prohibition of
roadway solicitation is found at 35 Pa.C.S. § 7714, which allows
bona fide, duly constituted first responder organizations to
solicit donations at specific intersections by adhering to
certain requirements that ensure public and individual safety
and that maintain normal traffic operations; and
WHEREAS, The solicitation exception was granted to first
responder organizations because they are trained to safely
operate in traffic during roadway incidents; and
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WHEREAS, The Commonwealth has significant government interest
in vehicular and pedestrian safety and the free flow of traffic;
therefore be it
RESOLVED, That the House of Representatives urge the City of
Philadelphia to launch a public education campaign on the
prohibitions and safety hazards associated with pedestrians
soliciting a ride, employment, business or contributions along
roadways; and be it further
RESOLVED, That the House of Representatives urge the
Philadelphia Police Department to more strictly enforce State
and local laws.
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