Ordinance 16-014 aggressive solicitation amended CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 16-014
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, AMENDING SPOKANE VALLEY MUNICIPAL CODE 8.25.020,
RELATING TO AGGRESSIVE SOLICITATION, AND OTHER MATTERS RELATING
THERETO.
WHEREAS,the City of Spokane Valley("City")previously adopted and amended Spokane Valley
Municipal Code ("SVMC") 8.25.020 relating to aggressive begging; and
WHEREAS,the U.S. Supreme Court in Reed v. Tom, of Gilbert, 1135 S. Ct. 2218, 192 L.Ed. 2d
236 (2015) and Washington State Supreme Court in City of Lakewood v. Willis, 375 P.3d 1056 (Wash.
2016)have recently clarified the extent by which cities may regulate protected forms of speech, including,
begging, under the First Amendment; and
WHEREAS,the City Council desires to ensure that SVMC 8.25.020 complies with the recent U.S.
Supreme Court and Washington State Supreme Court decisions while still protecting public health, safety,
and welfare; and
WHEREAS, public health, safety, and welfare is threatened when individuals aggressively solicit
on public property because pedestrians and motor vehicle drivers approached by individuals engaged in
aggressive solicitation may become fearful for their health, safety, or general welfare, may be more
susceptible to real or perceived coercion when such request is preceded, accompanied, or followed by
intimidating words, action, or other behavior, or may be discouraged from returning to an area due to the
fear of potential aggressive solicitation; and
WHEREAS, pedestrians and motor vehicle drivers approached by individuals engaged in
aggressive solicitation may attempt to vacate the area suddenly, potentially endangering themselves, the
public, and property; and
WHEREAS, the City's reasonable time, place, and manner restrictions on aggressive solicitation
are a compelling government interest to protect the public health, safety,and welfare from intimidation and
threats;and
WHEREAS,the City seeks to balance its compelling government interest with protecting the rights
of individuals to exercise their First Amendment rights safely; and
WHEREAS, the proposed changes are in the best interests of the health, safety, and welfare of the
citizens of the City.
NOW THEREFORE, the City Council of the City of Spokane Valley, Spokane County,
Washington, ordains as follows:
Ordinance 16-014, amending 8.25 Page 1 of 3
Section 1. Purpose. The purpose of this Ordinance is to improve the health, safety, and welfare of
the citizens of the City by prohibiting, and creating a remedy suited to address aggressive solicitation in
public places within the City.
Section 2. Amendment. Spokane Valley Municipal Code 8.25.020 is hereby amended as follows:
8.25.020 Aggressive solicitation.
A.Any person who engages in aggressive solicitation in any public place in the City as those terms
are defined by SVMC 8.25.020 is guilty of a misdemeanor.
B. As used herein:
I. "Aggressive solicitation" means to solicit with intent to intimidate another person into
complying with the solicited request.
2. "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.
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. Other sections unchanged. All other provisions of chapter 8.25 SVMC not specifically
referenced hereto shall remain in full force and effect.
Section 4. 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 5. Effective Date. This Ordinance shall be in full force and effect five days after publication
of this Ordinance or a summary thereof in the official newspaper of the City of Spokane Valley as provided
by law.
Ordinance 16-014,amending 8.25 Page 2 of 3
Passed this 25th day of October, 2016.
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E/S L.R.Higgins, *.a or
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Christine Bainbridge, City Clerk
Approved As To Form:
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Office@the City • ey
Date of Publication: //-,„1,1) L/-�
Effective Date: ll`' 6 - 1
Ordinance 16-014, amending 8.25 Page 3 of 3