HomeMy WebLinkAboutOrdinance 2015-007 Amending AMC 9-56 re Public Solicitation and Camping 4-20-15 ORDINANCE NO. 2015--007
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
AMENDING ARLINGTON MUNICIPAL CODE CHAPTER 9.56
REGARDING PUBLIC SOLICITATION AND CAMPING
WHEREAS, the City of Arlington, Washington has the authority to enact laws to protect
citizens and visitors to the City; and
WHEREAS, the City previously enacted regulations intended to protect the members of
the public and persons engaged in solicitation activities, which regulations have been codified in
Arlington Municipal Code Chapter 9.56; and
WHEREAS, the City has been asked to review those regulations; and
WHEREAS, the City Council has reviewed the regulations and believes certain
amendments are desirable;
NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as
follows:
Section 1. Arlington Municipal Code section 9.56.010 shall be and hereby is amended to
read as follows:
9.56.010 Findings. The City Council finds as follows:
(1) 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 preserve 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 rights of way serve the
primary purpose of enabling pedestrian and vehicular traffic to safely and
efficiently move about from place to place and that public rights of way have
become increasingly congested and should be maintained to serve their primary
purpose.
(2) Arlington, as well as other cities in Washington, has experienced an
increase in the number of incidents of coercive solicitation by individuals towards
pedestrians, vehicular traffic and others and that such interference in public places
can cause citizens to reasonably fear for their safety, and can cause children and
the elderly to feel compelled to make donations they would not otherwise be
willing to make out of fear for their safety.
(3) The city has a compelling interest in protecting its citizens and its
most vulnerable residents and visitors from threatening, intimidating or harassing
ORDINANCE NO. 2015-007 1
behavior caused by coercive solicitations, in preserving the quality of life and in
protecting and preserving public health, safety and welfare.
(4) The City has an interest in discouraging the use of public parks as
temporary living quarters.
Section 2. Arlington Municipal Code section 9.56.020(6) shall be and hereby is
amended to read as follows:
(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 intentionally impede the passage of a person, pedestrian traffic, a
vehicle or vehicular traffic while making a solicitation; 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.
Section 2. Arlington Municipal Code section 9.56.020(8) shall be and hereby is
amended to read as follows:
(8) "Obstruct pedestrian or vehicular traffic" means to walk, stand, sit, lie, or
place an object in such a manner as to block passage by another person or a
vehicle, or to require another person or a driver of a vehicle to take evasive action
to avoid physical contact, or to cause or initiate the interaction or exchange of
money, leaflets, or other tangible items between an occupant of a motor vehicle
within a city street and a pedestrian in such a manner as to block passage by
another person or a vehicle. Acts authorized as an exercise of one's constitutional
right to picket or to legally protest, and acts authorized by a permit issued
pursuant to Chapter 5.44 of the Arlington Municipal Code, shall not constitute
obstruction of pedestrian or vehicular traffic.
Section 3. Arlington Municipal Code section 9.56.020(11) shall be and hereby is
amended to read as follows:
(11) "Solicitation" for the purposes of this chapter is any means of asking,
begging, requesting, or pleading made in person, orally or in a written or printed
ORDINANCE NO. 2015-007 2
manner, directed to another person, requesting an immediate donation of money,
contribution, alms, financial aid, charity, gifts of items or service of value.
Section 4. Arlington Municipal Code subsections 9.56.020(14) through 9.56.020(19)
shall be and hereby are repealed.
Section 5. Arlington Municipal Code subsections 9.56.060 and 9.56.070 shall be and
hereby are repealed.
Section 6. A new Arlington Municipal Code section 9,56.060 shall be and hereby is
adopted to read as follows:
9.56.060 Soliciting_while intoxicated. It shall be unlawful to solicit while
under the influence of alcohol and/or controlled substances.
Section 7. A new Arlington Municipal Code section 9.56.070 shall be and hereby is
adopted to read as follows:
9.56.070 Soliciting in a manner which exploits children. It shall be unlawful
to solicit in a manner that exploits children.
Section 8. Arlington Municipal code section 9.56.080 shall be and hereby is amended to
read as follows:
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 either AMC 9.56.060 or AMC 9.56.070 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' imprisonment shall not be suspended or deferred.
ORDINANCE NO. 2015-007 3
Section 9. The heading for Arlington Municipal Code section 9.56.120 shall be and
hereby is amended to read: "9.56.120 Camping Permit."
Section 10. Severability. 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 11. 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 20th day of April,
2015.
CITY OF ARLINGTON
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Barbara Tolbert, Mayor
Attest:
OL",� r
Kristi Banfield, City C erk
Approved as to form:
Stev n J._Pdii Me
City orney
ORDINANCE NO. 2015-007 4
SUMMARY OF ORDINANCE ADOPTION
You are hereby notified that on April 20, 2015, the City Council of the City of Arlington,
Washington, did adopt Ordinance No. 2015-007 entitled,
"AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
AMENDING ARLINGTON MUNICIPAL CODE CHAPTER 9.56
REGARDING PUBLIC SOLICITATION AND CAMPING"
This ordinance is effective five days from passage and publication, except as otherwise
specified in the ordinance.
The full text of the ordinances is available to interested persons and will be mailed upon
request.
4KristeBanfield
City Clerk
City of Arlington
CERTIFICATION OF ORDINANCE
I, Kristin Banfield, being the duly appointed and acting Clerk of the City of Arlington,
Washington, a municipal corporation, do hereby certify that the following Ordinance No. 2015-
007 was approved at the April 20, 2015 City Council meeting.
ORDINANCE NO. 2015-007
"AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
AMENDING ARLINGTON MUNICIPAL CODE CHAPTER 9.56
REGARDING PUBLIC SOLICITATION AND CAMPING"
A true and correct copy of the original ordinance is attached.
Dated this 22od day of April, 2015.
v, 1
Kristi Banfield
` City Clerk for the City of Arlington