Tacoma Panhanling OrdinanceReq. #11299
ORDINANCE NO. 27600
BY REQUEST OF COUNCIL MEMBERS ANDERSON, LADENBURG,
LONERGAN, AND TALBERT
AN ORDINANCE relating to public safety and morals; amending the definition of
pedestrian and vehicle interference, placing reasonable time, place, and
manner restrictions on solicitation of funds in certain locations, defining
offenses and penalties; amending Section 8.13.030, "Vehicular or Pedestrian
Interference," of the Tacoma Municipal Code; and amending Title 8 of the
Tacoma Municipal Code by enacting two new chapters, Chapter 8.13A,
"Regulation of Solicitation," and Chapter 8.13B, "Solicitations to Occupants of
Vehicles on Public Roadways Prohibited."
WHEREAS the City Council ( "Council ") has received numerous
communications from citizens, businesses, community organizations, and others
=regarding serious :public harms caused by panhandlers, and
WHEREAS the Council's Public Safety and Human Services Committee has
studied the matter for several months, and
WHEREAS the Council held a public hearing on September 19, 2006,
during which extensive testimony was taken, and
WHEREAS, based on the testimony received and the information provided
to it, the Council believes that it is important 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 this constitutionally protected activity; Now, Therefore,
BE-IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TACOMA:
Section 1. Based on the testimony provided to the City
Council's ( "Council ") Public Safety and Human Services Committee and the
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information and research provided to the Council and on file in the office of the
City Clerk, the Council makes the following findings of fact:
A. Persons using automated teller machines often do so in isolated
locations with cash conspicuously in their possession;
B. Persons using exterior public pay phones often do so in isolated
locations with their attention distracted from their surroundings;
C. Persons using self - service car washes and gas stations often do so in
isolated locations with cash conspicuously in their possession and are usually a
captive audience, with their attention distracted from their surroundings while
their vehicles are in various stages of cleaning or fueling;
D. Persons using public transportation and waiting at public transportation
stops are usually a captive audience, often in isolated locations, with their
attention distracted from their surroundings as they wait and watch for necessary
transportation;
E. Persons entering or exiting vehicles are usually a captive audience,
often in isolated locations, with their attention distracted from their surroundings
as they load groceries or other purchases, look for keys, or watch for traffic;
F. Persons entering and exiting buildings are usually a captive audience,
with limited means of ingress and egress to those buildings;
G. Persons conducting normal activities at night do so under conditions in
which their visibility is reduced, and they often do these activities in isolated
locations;
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H. Persons who are subjected to coercive solicitations are often solicited
in circumstances where they are a captive audience or are in isolated locations;
I. Motor vehicle drivers approached by pedestrians may become
distracted, may stop suddenly, or may linger at traffic control devices thereby
posing a significant risk of physical injury to themselves, other motorists, and
pedestrians;
J. "Public places," as defined in Chapter 8.13, serve the primary purpose
of enabling pedestrian and vehicular traffic to safely and efficiently move about
from place to place; and
K. Solicitation on public property without permission of the property owner
affects the rights of the property owner to control the use of his or her property.
Section 2. Based on the findings above and the testimony and record
provided, the Council concludes as follows:
A. Solicitation of persons using automated teller machines, exterior public
pay phones, self - service car washes, and gas stations makes those persons
especially vulnerable to crime because of the isolated locations, limited options to
protect themselves by leaving the area, and exposure as persons who may be
carrying cash;
B. Solicitation of persons using or waiting for public transportation makes
those persons more vulnerable to crime because of the isolated location of public
transportation stops and because persons using or waiting for public
transportation often cannot leave the area. This vulnerability may cause persons
to avoid using public transportation;
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C. Solicitation of persons entering or exiting vehicles makes those
persons more vulnerable to crime because those persons may be distracted from
their surroundings or because they may be in an isolated location with limited
options to avoid an attacker or thief;
D. Solicitation of persons at night or of persons entering or exiting
buildings makes those persons more vulnerable to crime because of the limited
visibility and limited options to avoid an attacker or thief;
E. Solicitation of persons operating motor vehicles may result in
car /pedestrian collisions, as well as vehicle collisions caused when vehicles
behind the one being solicited move forward without realizing the solicited driver
has not moved;
F. Because public places in the urban core have become increasingly
congested, solicitation in those public places contributes to the loss of access to
and enjoyment of public places and to a sense of fear, intimidation, and disorder.
This fear adversely and unreasonably affects businesses and contributes to the
loss of access to and enjoyment of public places;
G. Coercive solicitation is disturbing and disruptive to residents and
businesses and contributes to the loss of access to and enjoyment of public
places and to a sense of fear, intimidation, and disorder;
H. Solicitations conducted on private property absent consent of the
owner or occupant is akin to trespass and unreasonably interferes with the
private enjoyment of property;
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I. Maintaining a distance of 15 feet between the solicitor and the person
being solicited will help protect persons from such intimidating solicitations set
forth above and will provide a uniform distance to guide law enforcement and
citizens alike.
Section 3. Section 8.13.030 of the Tacoma Municipal Code, entitled
"Vehicular or Pedestrian Interference," is hereby amended to read as shown in
Exhibit "A," which is attached hereto and incorporated herewith.
Section 4. Title 8 of the Tacoma Municipal Code is hereby amended by the
addition thereto of a new chapter, to be known and designated as Chapter 8.13A,
entitled "Regulation of Solicitation," as shown in Exhibit "B," which is attached hereto
and incorporated herewith.
Section 5. Title 8 of the Tacoma Municipal Code is hereby amended by the
addition thereto of a new chapter, to be known and designated as Chapter 8.13B,
entitled "Solicitations to Occupants of Vehicles on Public Roadways Prohibited," as
shown in Exhibit "C," which is attached hereto and incorporated herewith.
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Section 6. Severability. If any provision of this ordinance, or its
application to any person or circumstances, is held invalid, the remainder of the
ordinance or application of the provisions to other persons or circumstances shall
be unaffected.
Passed
Attest:
City Clerk
Approved as to Form:
Assistant
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Mayor
EXHIBIT "A"
8.13.030 Vehicular or pedestrian interference.
A. The following definitions apply in this section:
2. "Beg" means to asktGF money 9F g9eas a6 a f , urduirf
1 signs,
3 1. Obstruct pedestrian or vehicular traffic" means to walk, stand, sit, liel or
place an object in such a manner as to block passage by another person or a
driver of a vehicle or to cause another person or a driver of a vehicle to take
evasive action to avoid physical contact. Acts authorized by a permit issued
pursuant to the Tacoma Municipal Code, such as under Titles 9 and 10, shall not
constitute obstruction of pedestrian or vehicular traffic.
4 2. '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 doorways and entrances to buildings or dwellings
and the grounds enclosing them.
B. A person is guilty of pedestrian interference if, in a public place, he or she
intentionally:
a—O-- obstructs pedestrian or vehicular traffic.; sf
C. Pedestrian interference may be punished by a fine not to exceed
$1,000500.00 or by imprisonment in jail for a term not to exceed 90 days, or by
both such fine and imprisonment.
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EXHIBIT "B"
CHAPTER 8.13A
REGULATION OF SOLICITATION
8.13A.010
Purpose.
8.13A.020
Definitions.
8.13A.030
Place of solicitation.
8.13A.040
Solicitation by Coercion.
8.13A.050
Evidence.
8.13A.060
Penalties.
8.13A.010 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.
8.13A.020 Definitions. In this chapter:
A. "Automated teller machine" means a machine, other than a telephone:
institution;
1. that is capable of being operated by a customer of a financial
2. 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
3. the use of which may or may not involve personnel of a financial
institution.
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B. "Coercion" means:
1. 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;
2 to persist in a solicitation after the person solicited has given a
negative response;
3. to block, either individually or as part of a group of persons, the
passage of a solicited person;
4. to engage in conduct that would reasonably be construed as
intended to compel or force a solicited person to accede to demands;
5. to use violent or threatening gestures toward a person;
6. 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
7. to use profane, offensive, or abusive language, which is inherently
likely to provoke an immediate violent reaction.
C. "Exterior public pay telephone" means any coin or credit card reader
telephone that is:
1. installed or located anywhere on a premises except exclusively in
the interior of a building located on the premises; and
2. accessible and available for use by members of the general public.
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D. "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.
E. "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.
F. "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.
G. "Self- service car wash" means a structure:
1. 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
public.
2. that is accessible and available for use by members of the general
H. "Self- service fuel pump" means a fuel pump:
1. 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
2. that is accessible and available for use by members of the general
public.
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I. "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.
8.13.030 Place of solicitation.
of:
A. Solicitation near designated locations and facilities.
1. It is unlawful for any person to solicit another person within 15 feet
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;
such vehicle.
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
2. It is unlawful for a person to solicit another person:
a. on private property, unless the solicitor has permission from
the owner or occupant;
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b. after sunset or before sunrise;
c. in any public transportation facility or vehicle.
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B. 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:
1. 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;
2. the nearest entrance or exit of a building;
3. the nearest part of an exterior public pay telephone;
4. the nearest part of the structure of a self - service car wash;
5. the nearest part of a self - service fuel pump;
6. the nearest point of any sign or marking designating an area as a
public transportation stop; or
7. any door of a parked vehicle that is being used by an occupant of
such vehicle to enter or exit such vehicle.
8.13A.040 Solicitation by Coercion. It is unlawful for a person to solicit by
Coercion.
8.13A.050 Evidence. Evidence to support a conviction for a violation of this
chapter may include, but is not limited to, testimony of witnesses, videotape
evidence of the violation, and other admissible evidence.
8.13A.060 Penalties. Violation of Section 8.13A.030 shall be a
misdemeanor and, upon conviction thereof, a person is subject to a penalty of
$1,000, incarceration for up to 90 days, or both a fine and a penalty. Violation of
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Section 8.13A.040 shall be a gross misdemeanor and, upon conviction thereof, a
person is subject to a penalty of $5,000, incarceration for up to one year, or both a
fine and a penalty.
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EXHIBIT "C"
CHAPTER 8.13B
SOLICITATIONS TO OCCUPANTS OF. VEHICLES
ON PUBLIC ROADWAYS: PROHIBITED
8.1313.010
Purpose.
8.1313.020
Definitions.
8.1313.030
Prohibited conduct.
8.1313.040
Evidence.
8.1313.050
Penalty.
8.1313.010 Purpose. The purpose of this chapter is to protect citizens
from the fear and intimidation accompanying certain kinds of solicitation and to
provide for vehicular and pedestrian traffic safety.
8.13B.020 Definitions. In this chapter:
A. "Goods" means real property, as well as tangible and intangible personal
property.
B. "Public property" means:
1. any property open or devoted to public use or owned by the City;
and
2. 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.
C. "Roadway" has the meaning given that term in RCW 46.04.500, as
currently adopted or as it may be amended in the future.
D. "Services" means any work done for the benefit of another person.
E. "Solicit" and all derivative forms of "solicit" means any conduct or act
whereby a person:
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1. either orally or in writing, asks for an immediate ride, employment,
goods, services, financial aid, monetary gifts, or any article representing monetary
value, for any purpose;
2. either orally or in writing, sells or offers for immediate sale goods,
services, or publications;
3. distributes without remuneration goods, services, or publications; or
4. solicits signatures on a petition or opinions for a survey.
F. "Vehicle" has the meaning given that term in RCW 46.04.670, as currently
adopted or as it may be amended in the future.
8.13B.030 Prohibited conduct.
A. 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.
PROVIDED, that nothing herein shall be construed to prohibit activity authorized
pursuant to Tacoma Municipal Code Chapter 11.15, Special Events Permitting
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B. It is a defense to prosecution under Section 8.1313.030 that the person
was:
1. summoning aid or requesting assistance in an emergency situation;
or
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2. a law enforcement officer in the performance of official duties.
8.1313.040 Evidence. Evidence to support a conviction for a violation of this
chapter may include, but is not limited to, testimony of witnesses, videotape
evidence of the violation, and other admissible evidence.
8.13B.050 Penalty. Violation of this chapter shall be a misdemeanor and,
upon conviction thereof, a person is subject to a penalty of $1,000, incarceration for
up to 90 days, or both a fine and a penalty.
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