PART VII.  CONTROL OF VENDING

     §264-101  Vending from highways prohibited.  (a)  No person shall park or place a vehicle or structure wholly or partly on any highway for the purpose of selling the vehicle or structure or of selling therefrom or therein any article, service, or thing, thereby creating a hazardous condition or a public nuisance or in reckless disregard of the risk of creating a hazardous condition or public nuisance.  The department of transportation may remove or require the immediate removal of the vehicle or structure from the highway.

     (b)  The director of transportation, in the case of state highways, may, upon application in writing, issue a written permit, subject to any terms and conditions imposed by the director, authorizing the applicant to vend in the airspace, which includes the space above or below a highway, in the State's interstate highway system.

     (c)  For the purposes of this section, "highway" means the entire width, including the berm or shoulder of a public highway as defined in section 264-1. [L 1980, c 44, pt of §1; am L 2000, c 23, §1; am L 2002, c 16, §10; am L 2013, c 115, §1; am L 2019, c 111, §8]