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:
"Aggressive manner"
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.
"Business"
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.
"Commercial parking area"
means privately owned property which is designed or used primarily for the parking of vehicles and which adjoins one or more commercial establishments.
"Employment"
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.
"Median strip"
means a paved or planted area of public right-of-way dividing a street or highway into lanes according to the direction of travel.
"Public right-of-way"
means land which is dedicated to the public use for sidewalk, street and highway purposes, or other transportation purposes.
"Roadway"
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.
"Solicit"
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)