The city council makes the following findings:
(a)
The
activity of soliciting employment, business or contributions from
occupants of vehicles distracts drivers from their primary duty to
watch traffic and be alert for potential hazards in the roadway, to
observe all traffic control signals, signs or warnings, and to be
prepared to move through the city's streets and intersections.
(b)
The
activity of soliciting employment, business, or contributions from
occupants of vehicles in parking lots or structures distracts drivers
from their primary duty to watch other vehicles or pedestrians and
to move through the lot or structure with safety.
(c)
The
practice of soliciting employment, business or contributions from
within a public street, highway, or parking facility subjects the
solicitor, pedestrians and vehicles to an unacceptable level of danger
by distracting drivers from their primary duty to watch traffic and
results in the delay and obstruction of the public's free flow of
travel, and results in congestion and blockage of the streets, parking
lot driveways, and sidewalks when such persons approach the vehicles
to negotiate with the occupants.
(d)
Distracted
drivers are more prone to be involved in automobile accidents, and
accidents on the public streets constitute a substantial traffic safety
problem.
(e)
The
cumulative impact of this type of activity on the streets, highways,
sidewalks and parking facilities on a daily basis creates a potential
safety hazard, which poses a significant and substantial risk to the
interest of the public in the free flow of travel.
(f)
Solicitation
within parking structures is of particular concern because it presents
a potentially threatening environment for people traveling to or from
their vehicle and provides a greater opportunity for someone desiring
to conceal his or her presence from the unsuspecting.
(g)
People
exiting or entering a vehicle are in a very vulnerable position when
approached by a solicitor and are exposed to reasonable fear for safety
and the possibility of a carjacking, robbery or other person or property
crime.
(h)
Soliciting
in a manner that is confrontational and involves conduct that is perceived
by the person being solicited as harassing, coercing, or intimidating
or which obstructs the free passage of that individual is detrimental
to the quality of life and economic vitality of the community.
(i)
Soliciting
at times and places where individuals feel particularly vulnerable,
such as when it is dark or in the vicinity of automatic teller machines,
causes the person being solicited to feel unsafe, which in turn leads
to people who would be engaged in legitimate activities tending to
avoid certain areas, resulting in a decline in business and community
life and a possible increase in crime.
(Ord. 2562-97 § 1)
The following words and phrases, whenever used in this chapter,
shall be construed as defined in this section:
means approaching or speaking to a person, or following a
person before, during or after soliciting if that conduct is intended
or is likely to cause a reasonable person to fear bodily harm to oneself
or to another, or damage to or loss of property or otherwise feel
threatened; continuing to solicit from a person after the person has
given a negative response to such soliciting; intentionally touching
or causing physical contact with another person without that person's
consent in the course of soliciting; intentionally blocking or interfering
with the safe or free passage of a pedestrian or vehicle; or using
violent or threatening gestures or language in conjunction with the
solicitation.
means any type of product, goods, service performance or
activity which is provided or performed, or offered to be provided
or performed, in exchange for money, labor, goods or any other form
of consideration.
means privately owned property which is designed or used
primarily for the parking of vehicles and which adjoins one or more
commercial establishments.
means services, industry or labor performed by a person for
wages or other compensation or under any contract of hire, written
or oral, express or implied.
means a paved or planted area of public right-of-way dividing
a street or highway into lanes according to the direction of travel.
means land which is dedicated to the public use for sidewalk,
street and highway purposes, or other transportation purposes.
means that portion of a public street that is improved, designed
or ordinarily used for vehicular travel. "Roadway" does not include
sidewalks or parkway strips.
means making any oral or written request, offer or enticement,
or taking any action which indicates the availability of a person
for employment or availability to provide services for compensation
or which seeks to purchase or secure services or goods; the purchase
or sale of goods; or a request for money or other property; or a contribution
of money or other property. A solicitation shall be deemed complete
when made whether or not an actual employment relationship is created,
a transaction is completed, or an exchange of money or other property
takes place.
(Ord. 2562-97 § 1; Ord. 2985-12 § 1)
It is unlawful for any person to loiter in a median strip within
a street, highway, or other city-maintained public right-of-way. For
the purposes of this section, "loiter" means to linger or remain in
the median strip for any purpose unrelated to safely traversing a
street or other roadway, except in an emergency. This section shall
not apply to authorized city personnel or contractors who are repairing
or maintaining the median strips or adjacent roadway.
(Ord. 2562-97 § 1)
(a)
No
person shall stand in a roadway and solicit from the driver or occupant
of any unparked vehicle, or from any vehicle that is stopped in, or
blocking, a lane of traffic.
(b)
No
person, while the driver or occupant of an unparked vehicle or a vehicle
that is stopped in, or blocking, a lane of traffic, shall solicit
from any person who is standing in a roadway.
(Ord. 2562-97 § 1; Ord. 2985-12 § 2)
(a)
It
is unlawful for any person to solicit or attempt to solicit employment,
business or contributions of money or other property, from a location
within a commercial parking area used for vehicular traffic. It is
also unlawful to solicit in any other location within the commercial
parking area not authorized in advance by the property owner, or the
property owner's representative, for such solicitations.
(b)
The
prohibition against solicitation in commercial parking areas shall
only apply if the owner or person in lawful possession has caused
a notice to be posted in a conspicuous place at each entrance to such
parking area. This notice shall not be less than eighteen inches by
twenty-four inches in size with lettering not less than one inch in
height, and the notice shall not exceed, in total area, six square
feet. The notice shall read substantially as follows:
"It is unlawful to solicit in areas of this parking lot not
approved for such activity by the property owner. SMC 9.56.050"
(Ord. 2562-97 § 1; Ord. 2985-12 § 3)
(a)
It
is unlawful to solicit in an aggressive manner in any public place.
(b)
It
is unlawful to solicit within ten feet of any automated teller machine
or other cash disbursal machine.
(c)
It
is unlawful to solicit before nine a.m. or after nine p.m.
(d)
It
is unlawful to solicit at any bus stop.
(e)
It
is unlawful to or attempt to solicit any person entering or exiting
any vehicle, so as to impede that person's movement, when such vehicle
is located within a public street, private driveway leading to a public
street, public or private parking lot or structure.
(Ord. 2562-97 § 1; Ord. 2985-12 § 4)
Every violation of this chapter is an infraction, except that
a violation may be charged as a misdemeanor after five or more convictions
for violation of any provision of this chapter within a thirty-six-month
period.
(Ord. 2562-97 § 1; Ord. 2985-12 § 5)
