2008, 01-22 Isaquah Panhandling Ordinance 2513ORDINANCE NO. 2513
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AN ORDINANCE OF THE CITY OF ISSAQUAH,
WASHINGTON, ADOPTING A NEW CHAPTER 9.45 OF THE
ISSAQUAH MUNICIPAL CODE, REGULATING TIME, `•
PLACE AND MANNER FOR SOLICITATION ON PUBLIC
RIGHT OF WAY, PROVIDING FOR SEVERABILITY AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, coercive solicitation causes fear and intimidation upon citizens, and
harms tourism and businesses;
WHEREAS, solicitation on certain locations poses traffic and public safety risks;
WHEREAS, the City of Council believes that it is important to protect the citizens
of Issaquah from fear and intimidation accompanying coercive solicitation, to promote tourism
and business and to preserve the quality of urban life while providing safe and appropriate
venues for constitutionally protected activities; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF ISSAQUAH, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Regulation of Solicitation. A new Chapter 9.45 of the Issaquah
Municipal Code entitled "Regulation of Solicitation" is hereby adopted to read as follows:
Chapter 9.45
REGULATION OF SOLICITATION
Sections:
9.45.010
Purpose.
9.45.020
Definitions.
9.45.030
Coercive Solicitation - Prohibited.
9.45.040
Time of Solicitation.
9.45.050
Place of Solicitation.
9.45.060
Penalties.
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9.45.010 Purpose.
The purpose of this chapter is to regulate and punish acts of
coercive and aggressive begging, and acts of begging that occur at
locations or under circumstances specified herein which create an
enhanced sense of fear or intimidation in the person being
solicited, or pose risk to traffic and public safety.
9.45.020 Definitions.
A. "Coercive" means to do the following with intent:
1. 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.
2. to approach within 1 foot of a person for the
purpose of making a solicitation without obtaining said person's
initial consent.
3. to persist in a solicitation after the person solicited
has given a negative response.
4. to block the passage of a person, pedestrian traffic,
a vehicle or vehicular traffic while making a solicitation.
5. to engage in conduct that would reasonably be
construed as intended to compel or force a person being solicited
to accede to demands;
6. to make any false or misleading representation in
the course of making a solicitation.
B. "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 manner, directed to another person,
requesting an immediate donation of money, contribution, alms,
financial aid, charity, gifts of items or service of value, or the
purchase of an item or service for an amount far exceeding its
value, under circumstances where a reasonable person would
understand that the purchase is in substance a donation.
9.45.030 Coercive Solicitation - Prohibited.
It shall be unlawful for a person to make coercive
solicitation.
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9.45.040 Time of Solicitation.
A. It shall be unlawful to make solicitation to
pedestrians on public property after sunset or before sunrise.
9.45.050 Place of Solicitation.
A. It shall be unlawful to solicit at the following
places:
1. on -ramp or off -ramp to state route or interstate
highway;
2. within 300 feet of the following intersections and
identified in Exhibit A, attached hereto and incorporated by
reference:
a. SR 900 and
i.
NW Sammamish Road
ii.
12th Avenue NW
iii.
NW Gilman Boulevard
iv.
NW Mall Street
V.
NW Maple Street
vi.
NW Newport Way
b. E. Lake Sammamish Parkway SE and
i. SE Issaquah Fall City Road
ii. SE 64th Place
iii. 229th Avenue SE
C. NW Gilman Boulevard and
i. Front Street North
ii. 1 st Avenue NW
d. Rainier Boulevard North and
i. NW Juniper Street
ii. NW Holly Street
B. It shall be unlawful for a person to sell, or offer for
immediate sale, goods, services or publications, or to distribute
items without remuneration, to a person in a vehicle, at the
following:
1. on -ramp or off -ramp to state route or interstate
highway;
2. within 300 feet of the street intersections set forth in
A(2) above.
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9.45.060 Penalties.
Violation of any section of this chapter shall be a
misdemeanor, punishable by a fine of up to $1,000 and /or
imprisonment for up to 90 days.
Section 2. 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 3. Effective Date. This ordinance or a summary thereof consisting of the
title shall be published in the official newspaper of the City, and shall take effect and be in full
force five (5) days after publication.
2008.
Passed by the City Council of the City of Issaquah, the 22nd day of January,
Approved by the Mayor of the City of Issaquah the 22nd day of January, 2008.
ATTEST /AUTHENTICATED:
CITY CLERK, CHRISTINE EGGERS
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
IM
PUBLISHED: January 30, 2008
EFFECTIVE DATE: February 4, 2008
ORDINANCE NO: 2513/AB 5707
APPROVED:
AVA FRISINGER, MAYOR
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