HomeMy WebLinkAboutOrdinance 2014-010 Amending AMC Title 9 re pedestrian interference and unlawful camping 7-7-14Ism'-p- "ILM."reloomme RMULF
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
AMENDING ARLINGTON MUNICIPAL CODE TITLE 9 AND ADOPTING A NEW
'CHAPTER RELATING TO PEDESTRIAN INTERFERENCE, UNLAWFUL CAMPING AND
RELATED MATTERS
WHEREAS, the City of Arlington, Washington has the authority to enact laws to protect
citizens and visitors to the City; and
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NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as
follows:
Section 2. A new chapter of the Arlington Municipal Code shall be and hereby is
adopted to read as follows:
9.56.010 Findings.
9.56.020 Definitions.
9.56.030 Pedestrian interference.
9.56.040 Pedestrian interference - Exceptions
9.56.050 Coercive solicitation — Prohibited.
9.56.060 Time of Solicitation
9.56.070 Place of Solicitation
9.56.080 Penalty for pedestrian interference, coercive solicitation, or any violation of
the time and/or place of solicitation restrictions.
9.56.090 Unlawful camping.
9.56.100 Storage of personal property in public places.
9.56.110 Penalty for camping violations.
9.56.120 Permit.
9.56.010 Findings.
Consistent with the findings of other Washington State Cities, the city council finds that
it is important to the general welfare of the citizens and residents of the city to protect and
[•,reserve the public safety of pedestrians and to insure the safe and efficient movement of
pedestrian and vehicular traffic in public places. The city council further finds that public places
as defined in this section serve the primary purpose of enabling pedestrian and vehicular traffic
to safely and efficiently move about from place to place and that public places have become
increasingly congested and should be maintained to serve their primary purpose. Arlington, as
well as other cities in Washington, has experienced an increase in the number of incidents of
aggressive solicitation by individuals towards pedestrians and vehicular traffic and that such
interference in public places deteriorates from the primary purpose and threatens public health,
safety and welfare. The city has a compelling interest in protecting its citizens from threatening,
intimidating or harassing behavior caused by coercive solicitations, in preserving the quality of
life and in protecting and preserving public health, safety and welfare while discouraging the use
of public parks as temporary living quarters.
9.56.020 Definitions.
The following definitions apply in this chapter:
(1) "Coercive solicitation" means to solicit with the intent to intimidate or coerce another
person into giving money or goods.
(2) "Solicit" means to ask for money or goods as a charity, whether by words, bodily
gestures, signs, or other means.
(3) "Camp" means to pitch or occupy camp facilities, to use camp paraphernalia.
(4) "Camp facilities" include, but are not limited to, tents, huts or temporary shelters.
(5) "Camp paraphernalia" includes, but is not limited to, tarpaulins, cots, beds, sleeping bags,
hammocks or non -city designated cooking facilities and similar equipment.
(6) "Coerce" or "coercive" means to do any of the following with intent:
(a) To approach, speak or gesture to a person in such a manner as would cause a
reasonable person to believe that the person is being threatened with a commission of a criminal
act upon the person, another person or property in the person's possession; or
(b) To approach within one foot of a person for the purpose of making a solicitation
without obtaining said person's initial consent; or
(c) To persist in a solicitation after the person solicited has given a negative response; or
(d) To impede the passage of a person, pedestrian traffic, a vehicle or vehicular traffic
while making a solicitation including, but not limited to, public places adjacent to any public
roadway where the solicitation is directed or intended to attract the attention of the occupant of
any vehicle stopped or traveling on the roadway, unless said vehicle is legally parked; or
(e) To engage in conduct that would reasonably be construed as intended to compel or
force a person being solicited to accede to demands; or
(f) To make any false or misleading representation in the course of making a solicitation.
(g) Soliciting in a manner that exploits children.
(h) Solicit under the influence of alcohol and or controlled substances.
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communicate with the financial institution a request to withdraw, deposit, transfer funds, make
payment, or otherwise conduct financial business for the customer or for another person directly
from the customer's account or from the customer's account under a line of credit previously
authorized by the financial institution for the customer; and (3) the use of which may or may not
involve personnel of a financial institution.
(15) "Financial Institution" means any banking corporation, credit union, foreign exchange
office. For purposes of this section, it shall also include any check cashing business.
(16) "Exploit children" shall mean using children in an unethical, selfish, or abusive manner
or in any other manner that gives unfair advantage.
(17) "Public Transportation Facility" means a facility or designated location that is owned,
operated, or maintained by a city, county, county transportation authority, public transportation
benefit area, regional transit authority, or municipal corporation within the state for the purpose
of facilitating bus or other public transportation.
(18) "Public Transportation Vehicle" means any vehicle that is owned by a city, county,
county transportation authority, public transportation benefit area, regional transit authority, or
municipal corporation with the state for the purpose of facilitating bus or other public
transportation.
(19) "On and off ramps" refers to the areas commonly used to enter and exit public state
route or interstate highway from any city roadway or overpass.
9.56.030 Pedestrian interference.
A person is guilty of pedestrian interference if, in a public place, he or she intentionally:
(1) Obstructs pedestrian or vehicular traffic; or
(2) Coercively solicits.
9.56.040 Pedestrian interference — Exceptions
The prohibitions in AMC 9.56.030 shall not apply to any person:
(1) Sitting or lying down on a public sidewalk due to a medical emergency;
(2) Who, as the result of a disability, utilizes a wheelchair, walker, or similar device to
move about the public sidewalk;
(3) Operating or patronizing a commercial establishment conducted on the public
sidewalk pursuant to a street use permit; or a person participating in or attending a
parade, festival, performance, rally, demonstration, meeting, or similar event conducted
on the public sidewalk pursuant to a street use or other applicable permit;
(4) Sitting on a chair or bench located on the public sidewalk which is supplied by a
public agency; or
(5) Sitting on a bench or public sidewalk within a public transportation facility.
9.56.050 Coercive solicitation — Prohibited.
It shall be unlawful for a person to make coercive solicitation,
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It shall be unlawful to make solicitation to a person, pedestrian traffic, a vehicle or vehicular
traffic on public property before eight a.m. or after eight p.m.
9.56.070 Place of Solicitation
It shall be unlawful to solicit at the following places:
(1) Within 300 feet of an on or off ramp;
(2) Within 300 feet of any roadway intersection, City Park, school zone or
daycare/preschool if children are present, nursing home or assisted living facility,
financial institution or automated teller machine, public transportation facility or
public parking lot;
(3) On private property, unless the solicitor has prior written permission from the
owner or occupant;
(4) On any public transportation vehicle; or
(5) Within 25 feet of any occupied handicapped parking space.
9.56.080 Penalty for pedestrian interference, coercive solicitation, or any violation of the
time and/or place of solicitation restrictions.
Pedestrian interference is a misdemeanor. Coercive solicitation is a misdemeanor.
Violation of the time and/or place of solicitation restrictions is a misdemeanor.
(1) First Offense. Any person violating any of the provisions of this chapter shall, upon
conviction of such violation, be punished by a fine of not more than $1,000 or by
imprisonment not to exceed 90 days, or by both such fine and imprisonment.
(2) Second Offense. Every person who violates any of the provisions of this chapter a
second time within a five-year period shall be guilty of a misdemeanor, punishable by a
fine of not more than $1,000 or by imprisonment not to exceed 90 days, or by both such
fine and imprisonment. One hundred dollars of the fine and one day of imprisonment
shall not be suspended or deferred.
(3) Third or Subsequent Offense. Every person who violates any of the provisions of this
chapter a third or more times within a five-year period shall be guilty of a misdemeanor,
punishable by a fine of not more than $ 1,000 or by imprisonment not to exceed 90 days,
or by both such fine and imprisonment. Five hundred dollars of the fine and five days'
imprisoninent shall not be suspended or deferred.
9.56.090 Unlawful camping.
It shall be unlawful for any person to camp, occupy camp facilities or use camp
paraphernalia in the following areas, except as otherwise provided by ordinance or as permitted
pursuant to AMC 9.56.120:
(1) Any park;
(2) Any publicly owned parking lot or publicly owned area, improved or unimproved; or
(3) On private property, without prior written permission from the owner or occupant.
9.56.100 Storage of personal property in public places.
It shall be unlawful for any person to store personal property, including camp facilities
and camp paraphernalia, in the following areas, except as otherwise provided by ordinance or as
[•,ermitted pursuant to AMC 9.56.120:
(1) Any park;
(2) Any publicly owned parking lot or publicly owned area, improved or unimproved.
(3) On private property, without prior written permission from the owner or occupant,
9.56.110 Penalty for camping violations.
Violation of any of the provisions of this chapter is a misdemeanor, and shall be punish
as follows:
(1) First Offense. Any person violating any of the provisions of this chapter shall, upon
conviction of such violation, be punished by a fine of not more than $ 1,000 or by
imprisonment not to exceed 90 days, or by both such fine and impriso
ersnment.
(2) Second Offense. Every pon who violates any of the provisions of this chapter a
second time within a five-year period shall be guilty of a misdemeanor, punishable by a
fine of not more than $ 1,000 or by imprisonment not to exceed 90 days, or by both such�ll
fine • imprisonment, One • d dollars of the fine and oday of imprisonment
shall not - suspended or deferred.
Third• •-. Offense. Every person who violates any of theprovisions of this
chapter a third or more times within a five-year period shall be guilty of a misdemeanor,
punishable by a fine of not more than $ 1,000 or by imprisonment not to exceed 90 days,
or by both such fine and imprisonment. Five hundred dollars of the fine and five •.
imprisonment shall • •- suspended or deferred.
9
.56.120 Permit.
(1) The chief of police or his or her designeeauthorized • permit persons to camp, occupy
camp facilities, use camp paraphernalia,or storepersonal property parks,or any
publicly owned parking lotor publicly owned area, improved or unimproved, in the city •
Arlington.
section(2) The chief of police or his or her designee shall approve a permit as provided under this
•m a consideration of the application . • from such other information
otherwise •` obtained, the chief or his or her designee •
Adequate sanitary provided and accessible at or near the camp
(b) Adequate trash receptacles and trash collection is to be provided;
(c) The camping activity will not unreasonably disturb or interfere with the peace,
comfort and repose of private property owners; and
(d) The camping activity is not reasonably likely to cause injury to persons or property, to
provoke disorderly c• • or create . disturbance.
(3) The chief of police or his or her designee is authorized to promulgate rules and regulations
regarding • . • • enforcement of this chapter.
(4) No permit shall be issued for a period of time in excess of seven calendar days.
(5) Any person denied a permit may appeal the denial to city council. Notice of appeal must be
in writing, and filed with the city clerk within seven calendar days from the date notice of the
denial is received.
i�AMIROMME,
Section '), Severabilit . If any provision, section, or part of this ordinance shall be
adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the
ordinance as a whole or any section, provision or part thereof not adjudged invalid or
unconstitutional,
Section 4. Effective Date, This ordinance shall be effective five days from its adoption
and publication as required by law.
PASSED BY the City Council and APPROVED by the Mayor this day of
2014,
CITY OF ARLINGTON
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Barbara Tolbert, Mayor
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