2008, 07-25 City of Spokane Draft Ordinances (Panhandling)MEMORANDUM
July 25, 2008
TO: Joe Shogan, Council President
Members of the City Council
FROM: ' Michael J. Piccolo, Assistant City Attorney
SUBJECT: Ordinances Regarding Pedestrian Interference, Panhandling and
Street Performers.
CC: Mayor Mary B. Verner
Ted Danek, City Administrator
Anne Kirkpatrick, Police Chief
Howard Delaney, City Attorney
Jim Bledsoe, City Prosecutor
Earlier this summer, the Legal Department started reviewing several
ordinances, primarily from other Washington cities, regarding various topics
related to pedestrian interference, panhandling and street performers. This
review was initiated from a meeting with Councilpersons McLaughlin and Rush
along with representatives from the Police Department and the Spokane
Downtown Partnership. A prior presentation was also made to the Public
Safety Committee. There is also a joint task force consisting of representatives
from the cities of Spokane and Spokane Valley, which has been organized to
review issues related to panhandling.
Under the direction of the Mayor's Office, several draft ordinances have
been prepared based upon what has been adopted in other cities. The
following draft ordinances have been prepared:
1) Ordinance amending SMC 10. 10.25 regarding the City's current
pedestrian interference ordinance;
2) Ordinance regarding sitting or lying down on public sidewalks in
certain places and at certain times based upon an ordinance
from the City of Seattle;
3) Ordinance regarding regulations of solicitation;
4) Ordinance regarding solicitation of occupants of vehicles; and
5) Ordinance regarding street performers.
The Mayor's Office has requested that the Legal Department seek
additional review of these ordinances prior to submitting them to the Public
Safety Committee. To obtain this additional review, the Legal Department has
asked both the Center for Justice and Gonzaga University to review the
ordinances and provide the City with their comments and suggested changes.
Both Breean Beggs from the Center for Justice and Professor George Critchlow
of Gonzaga University have indicated their willingness to provide their
independent review. Their review should be completed by the end of August.
It is imperative to remember that the draft ordinances do not in any way
suggest that either the Mayor's Office or the City Council members have
indicated their approval of the ordinances. Instead, the intent of the draft
ordinances is to provide the Mayor's Office and the City Council with
background as to what type of ordinances other cities have adopted. The
purpose of the initial drafting and subsequent review is to develop ordinances
for potential council debate and public input that protect individual
constitutional rights while effectively protecting the public health, safety and
welfare.
I anticipate significant revisions to all of the ordinances as we go through
the review process. The Legal Department will provide you with further updates
as the ordinances are reviewed and revised. Please let me know if you have
any questions.
E
DRAFT — FOR DISCUSSION PURPOSES ONLY
7/24/2008
ORDINANCE NO. C-
An ordinance related to pedestrian interference, amending SMC
10.10.025.
The City of Spokane does ordain:
Section 1. That SMC 10.10.025 is amended to read as follows:
10.10.025 Pedestrian Interference
A. 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 places as defined in this section serve the primary
purpose of enabling pedestrian and vehicular traffic to safely and
efficiently move about from place to place and that public places in the
urban core have become increasingly congested and should be
maintained to serve their primary purpose. Spokane, as well as other
cities in Washington, has experienced an increase in the number of
incidents of aggressive solicitation by individuals towards pedestrians
and that pedestrian interference in public places deteriorates from the
primary purpose and threatens public health, safety and welfare. The
City has a compelling interest in protecting its citizens from
threatening, intimidating or harassing behavior caused by aggressive
solicitations, in preserving the quality of life in its urban center and in
protecting and preserving the public health, safety and welfare.
B The following definitions apply in this section:
"Aggressively solicit" means to selini+wi +h the intent to intimidate
nlini +nr °6 n, irnns
c� n `+r in +eni -tort ,moo .,f the money nr nnnrlc tO
solicit anything of value and intentionally engage in conduct that
would likely intimidate a reasonable person, including but not
limited to touching, following, persistently soliciting anything of
value after being refused, using violent or threatening language
or gestures, or taking similar actions for the purpose of inducing
another person into giving an hing of value regardless of the
solicitor's purpose.
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Ord Re Pedestrian Interference (July 24 — 08)
DRAFT — FOR DISCUSSION PURPOSES ONLY
7/24/2008
"coercion" means:
a. to approach or speak to a person in such a manner as
would cause a reasonable person to believe that the person
is being threatened with either imminent bodily injury or the
commission of a criminal act upon the person or another
person or upon property in the person's immediate
possession;
b. to persist in a solicitation after the person solicited has
given a negative response;
C. to, block, either individually or as part of a group of
persons, the passage of a solicited person;
d. to engage in conduct that would reasonably be
construed as intended to compel or force a solicited person
to accede to demands;
C. to use violent or threatening gestures toward a person;
f. willfully providing or delivering, or attempting to
provide or deliver, unrequested or unsolicited services or
products with a demand or exertion of pressure for payment
in return; or
g. to use profane, offensive, or abusive language, which is
inherently likely to provoke an immediate violent reaction.
3 "Obstruct pedestrian or vehicular traffic" means to walk, stand,
sit, lie or place an object in such manner as to obstruct or
impede, or a person of ordinary sensibilities would conclude it
tends to obstruct or impede, the free passage of pedestrians
and /or vehicles through the area; or that requires, or would
require, evasive action by a pedestrian and /or vehicle to avoid
physical contact.
A If the impediment or obstruction is caused by the size of a
particular group of persons, all persons within the group are
equally subject to this section.
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Ord Re Pedestrian Interference (July 24 — 08)
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7/24/2008
b. Acts authorized as an exercise of one's constitutional rights.,
which incidentally interferes with pedestrian or vehicular
traffic in order to exercise that right, and acts authorized by
a special use permit or an obstruction permit issued
pursuant to SMC 11.02.03458(D), SMC 12.02.0706 or SMC
12.02.0730 do not constitute obstruction of pedestrian or
vehicular traffic.
4. "Public place" means an area generally visible to public view
and includes alleys, bridges, buildings, driveways, parking lots,
parks, plazas, sidewalks and streets open to the general public,
including those that serve food or drink or provide
entertainment, and the doors and entrances to buildings or
dwellings and the grounds enclosing them.
5. "Solicit" and all derivative forms of "solicit" means to ask, beg.
solicit or plead whether orally or in a written or printed
manner, for the purpose of immediately receiving
contributions alms charily, or gifts of items of value for
oneself or another person
weFds bodily gesturoy signs OF other means.
C. A person is guilty of pedestrian interference if, in a public place, he or
she knowingly:
1. obstructs pedestrian or vehicular traffic, or
2. aggressively solicits.
D. Pedestrian interference is a misdemeanor.
E. The provisions of this chapter are declared to be separate and
severable. The invalidity of any clause, sentence, paragraph, section
or portion of this chapter, or the invalidity of the application thereof to
any person or circumstance does not affect the validity of the
remainder of this chapter, or the validity of its application to other
persons or circumstances.
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Ord Re Pedestrian Interference (July 24 — 08)
DRAFT - FOR DISCUSSION PURPOSES ONLY
7/24/2008
PASSED BY THE CITY COUNCIL ON
Attest:
City Clerk
Mayor
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Ord Re Pedestrian Interference (July 24 — 08)
Council President
Approved as to form:
Assistant City Attorney
Date
Effective Date
11:
DRAFT - FOR DISCUSSION PURPOSES ONLY
7/24/2008
ORDINANCE NO. C-
An ordinance relating to sitting. or lying down on public sidewalks
in certain places at certain times; and adding a new section to SMC
Chapter 10.10 designated as section 10:10.026.
Section 1. Findings and Purpose.
A. Public sidewalks in business districts are created and
maintained for the primary purpose of enabling pedestrians to safely and
efficiently move about from place to place, facilitating deliveries of goods
and services, and providing potential customers with convenient access
to goods and services.
B. During normal business hours, the public sidewalks in
downtown and neighborhood commercial areas are prone to congestion, .
and should be kept available to serve these primary purposes.
C. Except in places provided therefore or where reasonably
necessary, sitting or lying on the public sidewalks in downtown and
neighborhood commercial areas during the hours of greatest congestion
interferes with the primary. purposes of the public sidewalks, threatens
public safety, and damages the public welfare.
D. Pedestrians, particularly the elderly, disabled, or vision -
impaired, are put at increased risk when they must see and navigate
around individuals sitting or lying upon the public sidewalk.
E. The public welfare is promoted by economically healthy
downtown and neighborhood commercial areas which attract people to
shop, work and recreate. These areas provide easily accessible goods
and services, employment opportunities, and tax revenue necessary to
support essential public services, and the economic productivity
necessary to maintain and improve property within these areas.
F. In some circumstances people sitting or lying on the
sidewalks deter many members of the public from frequenting those
areas, which contributes to undermining the essential economic viability
of those areas. Business failures and relocations can cause vacant
storefronts which contribute to a spiral of deterioration and blight which
harms the public health, safety and welfare. An important factor in
protecting public safety is attracting people to the streets and sidewalks
of the City's business districts, because the presence of many law -
abiding citizens serves as a deterrent to crime and increases the public's
sense of security and the safety of all.
G. There are numerous other places within the downtown and
neighborhood commercial areas where sitting or lying down can be
accommodated without unduly interfering with the safe flow of
pedestrian traffic, impeding commercial activity, threatening public
safety or harming the public welfare. These other places include city
H: /MJP /City Council /Ordinances/Pedestdan Interference 1
Ord Re Sitting In Retail Zone (July 24 — 08)
DRAFT - FOR DISCUSSION PURPOSES ONLY
7/24/2008
parks and plazas, alleyways, private plazas, arcades and common areas
open to the public, and generally on private property with the permission
of the property owner. In addition, public sidewalks outside the
designated business districts and all sidewalks outside the designated
hours are. available for sitting or lying down.
Therefore, the limited regulation of sitting or lying down on
sidewalks is both reasonably necessary and appropriately balances the
public interest and individual rights.
NOW, THEREFORE, the City of Spokane does ordain:
Section 2. That there be added to SMC Chapter 10.10 a new
section, designated 10.10.026, to read as follows:
10.10.026 Sitting, Lying on Sidewalk in Retail Zone.
A. Prohibition.
No person may sit or lie down upon a public sidewalk, or upon a
blanket, chair, stool, or any other object placed upon a public sidewalk,
during the hours between seven a.m. and nine p.m. in the retail zone of
the congested district as defined in Section 16.04.145.
B. Exceptions.
The prohibition in subsection A does not apply to any person:
1. sitting or lying down due to a medical emergency;
2. who, as the result of a disability, utilizes a wheelchair,
walker or similar device to move about the public sidewalk;
3. operating or patronizing a business with permission to
occupy the sidewalk;
4. participating in or attending a parade, festival,
performance, rally, demonstration, meeting, or similar event conducted
on the public sidewalk pursuant to a special event or other applicable
permit;
5. sitting on a chair or bench supplied by a public agency
or by the abutting private property owner pursuant to the appropriate
permit or license;
6. sitting within a bus stop zone while waiting for public
or private transportation.
C. This section does not permit any conduct which is prohibited
by Section 10.10.025, Pedestrian Interference.
D. This regulation of passive solicitation is regulated pursuant
to Section 10.10.027.
E. A violation of SMC 10. 10.026 is a misdemeanor.
H: /MJP /City CounciVOrdinances /Pedestrian Interference 2
Ord Re Sitting in Retail Zone (July 24 — 08)
DRAFT - FOR DISCUSSION PURPOSES ONLY
7/24/2008
PASSED BY THE CITY COUNCIL ON 12008.
Council President
Attest: Approved as to form:
City Clerk Assistant City Attorney
Mayor
H: /MJP /CityCouncil/ Ordinances /Pedestrian. Interference 3
Ord Re Sitting in Retail Zone (July 24 — 08)
Date
Effective Date
DRAFT - FOR DISCUSSION PURPOSES ONLY
7/24/2008
ORDINANCE NO. C-
An ordinance regarding regulation of solicitation; adding a new
section to SMC Chapter 10.10 designated as section 10.10.027.
The City of Spokane does ordain:
Section 1. That there be added to SMC Chapter 10.10 a new
section, designated as 10. 10.027 to read as follows:
10.10.027 Regulation of Solicitation
A. Purpose.
The purpose of this chapter is to protect citizens from the fear and
intimidation accompanying certain kinds of solicitation, to promote
tourism and business, and to preserve the quality of urban life while
providing safe and appropriate venues for constitutionally protected
activity.
B. The following definitions apply in this section:
1. "Automated teller machine" means a machine, other than a
telephone:
a. that is capable of being operated by a customer of a financial
institution;
b. by which the customer may communicate to the financial
institution a request to withdraw, deposit, transfer funds, make
payment, or otherwise conduct financial business for the customer or for
another person directly from the customer's account or from the
customer's account under a line of credit previously authorized by the
financial institution for the customer; and
C. the use of which may or may not involve personnel of a
financial institution.
2. "Coercion" means:
a. to approach or speak to a person in such a manner as would
cause a reasonable person to believe that the person is being threatened
with either imminent bodily injury or the commission of a criminal act
upon the person or another person or upon property in the person's
immediate possession;
H: /mjp /city council /ordinances/pedestrian interference/ 1
Ord Re Regulation of Solicitation (July 24 — 08)
DRAFT - FOR DISCUSSION PURPOSES ONLY
7/24/2008
b. to persist in a solicitation after the person solicited has given
a negative response;
C. to block, either individually or as part of a group of persons,
the passage of a solicited person;
d. to engage in conduct that would reasonably be construed as
intended to compel or force a solicited person to accede to demands;
e. to use violent or threatening gestures toward a person;
f. willfully providing or delivering, or attempting to provide or
deliver, unrequested or unsolicited services or products with a demand
or exertion of pressure for payment in return; or
g. to use profane, offensive, or abusive language, which is
inherently likely to provoke an immediate violent reaction.
3. "Exterior public pay telephone" means any coin or credit
card reader telephone that is:
a. installed or located anywhere on a premises except
exclusively in the interior of a building located on the premises; and
b. accessible and available for use by members of the general
public.
4. "Public transportation facility" means a facility or designated
location that is owned, operated, or maintained by a city, county, county
transportation authority, public transportation benefit area, regional
transit authority, or metropolitan municipal corporation within the state.
5. "Public transportation stop" means an area officially marked
and designated as a place to wait for a bus, a light rail vehicle, or any
other public transportation vehicle that is operated on a scheduled route
with passengers paying fares on an individual basis.
6. "Public transportation vehicle" has the meaning given that
term in RCW 46.04.355, as currently adopted or as it may be amended in
the future.
7. "Self service car wash" means a structure:
a. at which a vehicle may be manually washed by its owner or
operator with equipment that is activated by the deposit of money in a
coin - operated machine; and
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Ord Re Regulation of Solicitation (July 24 — 08)
DRAFT - FOR DISCUSSION PURPOSES ONLY
7/24/2008
b. that is accessible and available for use by members of the
general public.
8. "Self service fuel pump" means a fuel pump:
a. from which a vehicle may be manually filled with gasoline or
other fuel directly by its owner or operator, with or without the aid of an
employee or attendant of the premises at which the fuel pump is located;
and
b. that is accessible and available for use by members of the
general public.
9. "Solicit" and all derivative forms of "solicit" means to ask,
beg, solicit, or plead, whether orally or in a written or printed manner, for
the purpose of immediately receiving contributions, alms, charity, or gifts
of items of value for oneself or another person.
C. Place of solicitation.
1. Solicitation near designated locations and facilities.
a. It is unlawful for any person to solicit another person with
15 feet of:
a. an automated teller machine;
b. the entrance of a building, unless the solicitor has
permission from the owner or occupant;
C. an exterior public pay telephone;
d. a self - service car wash;
e. a self - service fuel pump;
f. a public transportation stop; or
g. any parked vehicle as occupants of such vehicle enter or exit
such vehicle.
2. For purposes of subsection A; measurement will be made in
a straight line, without regard to intervening structures or objects, from
the nearest point at which a solicitation is being conducted to whichever
is applicable of the following:
a. the nearest entrance or exit of a facility in which an automated
teller machine is enclosed or, if the machine is not enclosed in a facility,
to the nearest part of the automated teller machine;
b. the nearest entrance or exit of a building;
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Ord Re Regulation of Solicitation (July 24 — 08)
DRAFT - FOR DISCUSSION PURPOSES ONLY
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I . the nearest part of an exterior public pay telephone;
d. the nearest part of the structure of a self - service car wash;
e. the nearest part of a self - service fuel pump;
f. the nearest part of any sign or marking designating an area
as a public transportation stop; or
g. any door of a parked vehicle that is being used by an
occupant of such vehicle to enter or exit such vehicle.
D. Solicitation by Coercion.
It is unlawful for a person to solicit by coercion.
E. Penalties. A violation of SMC 10. 10.026 is a misdemeanor.
Passed by the City Council
2008.
Attest:
City Clerk
Mayor
City Council President
Approved as to form:
Assistant City Attorney
Date
Effective Date
H: /mjp /city council/ordinances/pedestrian interference/ 4
Ord Re Regulation of Solicitation (July 24 — 08)
DRAFT - FOR DISCUSSION PURPOSES ONLY
7/24/2008
ORDINANCE NO. C-
An ordinance regarding solicitations to occupants of vehicles on
public roadways; adding a new section to SMC Chapter 10.10 designated
as section 10.10.028.
The City of Spokane does ordain:
Section 1. That there be added to SMC Chapter 10.10 a new
section designated as 10.10.028 to read as follows:
10.10.027 Regulation of Solicitations to Occupants of Vehicles on
Public Roadways.
A. Purpose.
The purpose of this section is to protect citizens from the fear and
intimidation accompanying certain kinds of solicitation and to provide for
vehicular and pedestrian. traffic safety.
B. Definitions.
In this chapter:
1. "Goods" means real property, as well as tangible and
intangible personal property.
1. "Public property" means:
a. any property open or devoted to public use or owned by the
City; and
b. any area dedicated to the public use for sidewalk, street,
highway, or other transportation purposes, including, but not
limited to, any curb, median, parkway, shoulder, sidewalk, alley,
drive, or public right -of -way.
3. "Roadway" has the meaning given that term in RCW
46.04.500, as currently adopted or as it may be amended in. the future.
4. "Services" means any work done for the benefit of another
person.
5. "Solicit" and all derivative forms of "solicit" means to ask,
beg, solicit, or plead, whether orally or in a written or printed manner, for
H: /mjp /city council /ordinances /pedestrian interference/ 1
Ord Re Solicitation of Occupants of Vehicles
DRAFT - FOR DISCUSSION PURPOSES ONLY
7/24/2008
the purpose of immediately receiving contributions, alms, charity, or gifts
of items of value for oneself or another person.
6. "Vehicle" has the meaning given that term in RCW
46.04.670, as currently adopted or as it may be amended in the future.
C. Prohibited Conduct.
1. It is unlawful for any person, while occupying any public
property adjacent to any public roadway in the City, to knowingly
conduct a solicitation directed to, or intended to attract the attention of,
the occupant of any vehicle stopped or traveling on the roadway, unless
said vehicle is legally parked. An offense occurs when the solicitation is
made, whether or not an actual employment relationship is created, a
transaction is completed, or an exchange of money, goods, or services
takes place.
2. It is a defense to prosecution under Section 10. 10.028 that
the person:
a. was summoning aid or requesting assistance in an
emergency situation;
b. Was a law enforcement officer in the performance of official
duties; or
C. had previously obtained a charitable solicitation permit
pursuant to Chapter 10.42 SMC.
D. Penalties. A violation of SMC 10.10.028 is a misdemeanor.
Passed by the City Council
Attest:
Council President
Approved as to form:
City Clerk Assistant City Attorney
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Ord Re solicitation of Occupants of Vehicles
DRAFT - FOR DISCUSSION PURPOSES ONLY
7/24/2008
Mayor
Date
Effective Date
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Ord Re Solicitation of occupants of Vehicles
DRAFT - FOR DISCUSSION PURPOSES ONLY
7/24/2008
ORDINANCE NO. C -
An ordinance relating to street performers; amending
SMC 10.40.010.
The City of Spokane does ordain:
Section 1. That SMC 10.40.010 is amended to read as follows:
10.40.010 Peddler Designation - When Required
A regular or temporary business license issued under chapter 8.01 SMC
must have a special designation as "peddler" under any of the following
circumstances:
A. Where the person is eligible for a temporary business license, and
is engaged in the business of selling or delivering goods or services
within the City from a fixed or temporary location as an itinerant
vendor.
1. Examples are people selling food or wares from mobile carts
on the sidewalk or roving vehicles in the streets. (Cross
Reference: SMC 8.01.220)
B. Where the person travels from door to door as the principle means
of conducting business offering, exposing for sale, or selling within
the City any goods, merchandise, service or product.
C. Where the person engages in any business in the City with no
permanent location. (Cross Reference: SMC 8.01.070)
D Where the person engages in the activity of a street performer in
the public right -of -way. For the purposes of this section a street
performer shall mean an individual including street musicians,
who performs any form of artistic expression with the intent to
attract an audience for the purpose of actively seeking donations.
Individuals who engzage in constitutionally protected expressive
activities in the public right- of -way and do not attempt to attract
an audience for the purpose of actively seeking donations shall not
be required to obtain a business license under this section. Such
individuals must still comply with all other regulations regarding
conduct in the public right -of -way.
H: /mip /city council /ordinances/pedestrian interference
Ord Re Street Performers
DRAFT - FOR DISCUSSION PURPOSES ONLY
7/24/2008
PASSED BY THE CITY COUNCIL ON
Council President
Attest: Approved as to form:
City Clerk I Assistant City Attorney
Mayor
H: /mjp /city counciUordinances /pedestrian interference 2
Ord Re Street Performers
Date
Effective Date
If: