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Ordinance 21-003 amending SVMC 8.25.025 solicitation from vehicle occupantsCITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 21-003 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, AMENDING SECTION 8.25.025 OF THE SPOKANE VALLEY MUNICIPAL CODE RELATING TO SOLICITATIONS FROM VEHICLE OCCUPANTS; AND OTHER MATTERS RELATING THERETO. WHEREAS, the City of Spokane Valley previously adopted Spokane Valley Municipal Code (SVMC) 8.25.025 in order to promote the City's fundamental interest in public health and safety by regulating interactions between pedestrians and automobiles that occur at locations and under circumstances which pose substantial risks to vehicular and pedestrian safety; and WHEREAS, various Code provisions adopted by the City may be impacted by court decisions not involving the City, where such decisions alter the underlying legal premise upon which City Code provisions are drafted; and WHEREAS, when these types of decisions alter the law, the City should amend its Code provisions accordingly; and WHEREAS, these amendments will ensure the City maintains and enforces laws relating to these traffic safety issues that protect the public as well as protecting individual citizen rights protected by the United States and Washington Constitutions. NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington ordains as follows: Section 1. Amending Spokane Valley Municipal Code 8.25.025. Spokane Valley Municipal Code section 8.25.025 is hereby amended as follows: 8.25.025 Interference with vehicular traffic. A. The purpose of this section is to promote the City's fundamental interest in public peace, health, and safety, by regulating acts of interference with vehicular traffic that occur at locations and under circumstances specified herein which pose substantial risks to vehicular and pedestrian safety. B. No person shall interfere with vehicular traffic by being physically present within or entering a prohibited roadway. C. No person or occupant of any vehicle shall induce another person to be physically present within or enter a prohibited roadway and therefore interfere with vehicular traffic. D. As used in this section: 1. "Enter" means to cross the vertical plane of the edge of a prohibited roadway. It includes crossing the vertical plane by any part of a person's body or any extension thereof. 2. "Prohibited roadway" means a state route, on ramp or off ramp to Interstate 90, or principal arterial, and also the first 100 feet of a road that intersects a state route, on ramp or off ramp to Interstate 90, or principal arterial, as measured from the edge of the state route, on ramp or off ramp to Interstate 90, or principal arterial. "Prohibited roadway": Ordinance 21-003 Amending SVMC 8.25.25 Page 1 of 2 a. Includes any portion of a road traveled by vehicles; b. Includes paved shoulders and bike lanes; c. Includes medians, which may be denoted by a physical barrier or solid yellow pavement markings; d. Excludes all sidewalks and curbs. E. Prohibited roadways are delineated upon the official map, entitled "Prohibited Roadways as defined by SVMC 8.25.025(D)(2) and referenced in SVMC 8.25.025(E)" and are adopted as part of chapter 8.25 SVMC as if contained herein. The official map shall be filed in the office of the city clerk. F. Any person who violates this section is guilty of a misdemeanor. G. A person summoning aid in an emergency situation is not in violation of this section. Section 2. Remainder of SVMC 8.25 Unchanged. The remaining provisions of SVMC 8.25 are unchanged by this amendment. Section 3. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Section 4. Effective Date. This Ordinance shall be in full force and effect five days after the date of publication of this Ordinance or a summary thereof in the official newspaper of the City. Passed this 9th day of February, 2021. ATTEST: Ben Wick, Mayor City Clerk, Christine Bainbridge Approved As To Form: Offic4f the pity Attorney Date Publication: 2 • l9.2 Effective Date: 2.2'I .2-4 Ordinance 21-003 Amending SVMC 8.25.25 Page 2 of 2