Ordinance 10-014 Amending SVMC 8.25 CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 10-014
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, AMENDING SPOKANE VALLEY MUNICIPAL CODE (SVMC) 8.25.020 AND
ADOPTING NEW SECTION SVMC 8.25.025 REGULATING SOLICITATION ACTIVITIES IN
CERTAIN LOCATIONS WHICH POSE TRAFFIC FLOW AND SAFETY RISKS.
WHEREAS, the City has previously adopted WAC 308-330-415 into its municipal code,
incorporating by reference RCW 46.61.255(4), which prohibits any person from "stand[ing] in a roadway
for the purpose of soliciting employment or business from the occupant of any vehicle"; and
WHEREAS, the City has previously adopted SVMC 8.25.030.C, which prohibits a person from
"[i]ntentionally obstruct[ing] vehicular or pedestrian traffic without lawful authority"; and
WHEREAS, the Spokane Valley Chief of Police has provided his opinion and evidence that
pedestrian solicitation from vehicle occupants disrupts traffic flow, poses public safety risks, and has
harmful secondary effects; and
WHEREAS, the City Council recognizes, as evidenced by its prior adoption of Chapter 5.15
SVMC Special Events, and the Model Traffic Ordinance, that there are inherent traffic flow and safety
risks associated with pedestrian-vehicle interaction; and
WHEREAS, various federal and state appellate courts recognize that there are evident dangers of
physical injury and traffic disruption when individuals step into or stand in busy streets trying to engage
drivers; and
WHEREAS,traffic flow and safety risks are heightened on state routes, on-ramps or off-ramps to
Interstate 90,and principal arterials, due to traffic volume and speed; and
WHEREAS, roadways that feed into state routes, on-ramps or off-ramps to Interstate 90, and
principal arterials, directly impact traffic flow and safety; and
WHEREAS, motor vehicle drivers approached by pedestrians may become distracted, may stop
suddenly, or may linger at traffic control devices thereby causing significant traffic disruption, as well as
posing a significant risk of physical injury to themselves,other motorists,and pedestrians; and
WHEREAS, the distraction of motorists occasioned by solicitation not only threatens to impede
the orderly flow of traffic, but also raises serious concerns of traffic and public safety; and
WHEREAS,the City has a fundamental interest in traffic flow and safety; and
WHEREAS, the City Council seeks to promote the City's interest in traffic flow and safety by
implementing narrowly tailored time, place, and manner regulations on solicitations in specific public
places that are applicable to all people within the City.
NOW THEREFORE, the City Council of the City of Spokane Valley, Spokane County,
Washington, ordains as follows:
Section 1. Purpose. The purpose of this Ordinance is to regulate certain solicitation
activities in public places within the City.
Ordinance 10-014, Panhandling, Solicitation Page 1 of 3
Section 2. Amending Spokane Valley Municipal Code Chapter 8.25.020. Spokane Valley
Municipal Code Section 8.25.020 is amended as follows:
8.25.020 Aggressive begging(panhandling).
A. Any person who engages in aggressive begging in any public place in the City as those terms
are defined by this section is guilty of a misdemeanor.
B. As used in this section:
1. "Aggressive begging"means to beg with intent to intimidate another person into giving
money or goods.
2. "Begging"means to ask for money or goods as a charity,whether by words, bodily
gestures, signs or other means.
3. "Intimidate"means to coerce or frighten into submission or obedience.
4. "Public place"means any road, alley, lane,parking area, sidewalk or any place,private or
otherwise, adopted to and fitted for vehicular or pedestrian travel that is in common use by the public
with the consent,expressed or implied, of the owner or owners; and any public playground, school
grounds, recreation grounds, parks,parkways,park drives,park paths and rights-of-way open to the
use of the public.
Section 3. Adopting Spokane Valley Municipal Code Chapter 8.25.025 as follows:
8.25.025 Solicitation from vehicle occupants prohibited.
A. The purpose of this section is to promote the City's fundamental interest in public peace,
health, and safety,by regulating acts of solicitation that occur at locations and under
circumstances specified herein which pose substantial risks to vehicular and pedestrian safety.
B.No person shall solicit from the occupants of any vehicle and be physically present within or
subsequently enter a prohibited roadway.
C. 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.
a. Prohibited roadway:
i. includes any portion of a road traveled by vehicles;
ii. includes the first five feet beyond the edge of a paved shoulder where there is no
sidewalk;
iii. includes medians,which may be denoted by a physical barrier or solid yellow
pavement markings;
iv. excludes all sidewalks and curbs.
3. "Solicit"means:
a. either orally or in writing, directly or by implication,to ask, beg, request or plead for
employment, goods, services,financial aid,monetary gifts,or any article representing
monetary value, for any purpose;
Ordinance 10-014, Panhandling, Solicitation Page 2 of 3
b. either orally or in writing,to sell or offer for immediate sale goods, services, or
publications;
c.to distribute without remuneration goods, services, or publications; or
d.to solicit signatures on a petition or opinions for a survey.
D. Prohibited roadways,with the exception of roadway within 100 feet of a state route, on-ramp
or off-ramp to Interstate 90,or principal arterial, established herein are delineated upon the
official map, entitled"Prohibited Roadways as Defined by SVMC 8.25.025.C.2 and Referenced
in SVMC 8.25.025.D,"as adopted as part of this code as if contained herein.
The official map shall be filed in the office of the city clerk. It shall be the duty of the city
attorney to cause the official map to be updated and maintained by having changes entered that
the city council may approve.
E.Any person who violates this section is guilty of a misdemeanor.
F. The following are not violations under this section:
1. Activity authorized pursuant to Chapter 5.15 Special Events or Chapter 6.05 Park
Regulations.
2. A person summoning aid in an emergency situation.
Section 4. Remainder of SVMC 8.25 Unchanged. The remaining provisions of SVMC 8.25
are unchanged by this amendment.
Section 5. 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 6. Effective Date. This Ordinance shall become effective five days after publication
of the Ordinance,or a summary thereof, in the official newspaper of the City.
Adopted this 10th day of August, 2010
City of eokane Valley
- • -
homas E. Towey, Mayor
AT -S
Christine Bainbridge, City Clerk
Approved as to orm:
— 4/441)
Office the City A to �iey
Date of Publication: August 20, 2010
Effective Date: August 25,2010
Ordinance 10-014, Panhandling, Solicitation Page 3 of 3
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