Ordinance 12-020 Amends SVMC Title 8, Solicitation in Right-of-Way CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 12-020
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, AMENDING SECTION 8.25.025 OF THE SPOKANE VALLEY
MUNICIPAL CODE RELATING TO CHARITABLE SOLICITATIONS IN THE RIGHT
OF WAY; 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 acts of solicitation that occur at locations and under circumstances which pose substantial risks
to vehicular and pedestrian safety; and
WHEREAS, the definition of "prohibited roadway" should be amended by removing the
restriction of five feet beyond a paved shoulder as it is unnecessary from a traffic safety standpoint;and
WHEREAS, the City Council on April 10, 2012, amended SVMC 5.15.080 by removing the
ability to obtain special event permits for charitable solicitations in the rights-of-way;and
WHEREAS, the reference to SVMC 6.05 is unnecessary as an exception to the panhandling
prohibition in the rights-of-way; and
WHEREAS, SVMC 8.25 should be amended so it is consistent with SVMC 5.15.080 by
removing the exception relating to charitable solicitations, and the exception relating to SVMC 6.05.
Such changes directly relate to the life,health,and safety of the City's citizens.
NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington ordains as
follows:
Section 1. Amending Spokane Valley Municipal Code 8.25.025F Regarding Solicitation from
Vehicle Occupants that is Prohibited. Spokane Valley Municipal Code section 8.25.025F is hereby
amended 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. "Prohibited roadway":
a.Includes any portion of a road traveled by vehicles;
b. Includes paved shoulders and bike lanes;
Ordinance 12-020 Amending 8.25.025 Page 1 of 2
c. Includes medians, which may be denoted by a physical barrier or solid yellow pavement
markings;
d.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;
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 8.25.025C2 and Referenced in SVMC 8.25.025D" 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.A person summoning aid in an emergency situation is not a violation under 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 31st day of July,2012.
i
i
_i
i ' F2,c_
ATTEST: Mayor,Thomas E. Towey V-
,
0..-Cl -- ntilt---UC,,t� - ;,/
City Clerk, Christine Bainbridge
Approved As To F. .1:
(-) p ) ,0,..."...,„,"
Office o e City Attorn
Date of blication: , I U -I
Effective Date: Y Icy- 12
Ordinance 12-020 Amending 8.25.025 Page 2 of 2