Chapter 9.136
REGULATION OF SOLICITATION
Sections:
9.136.030 Coercive solicitation – Prohibited.
9.136.040 Time of solicitation.
9.136.050 Place of solicitation.
9.136.010 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. (Ord. 1796 § 3, 2014).
9.136.020 Definitions.
A. “Automated teller machine” means a machine, other than a telephone:
1. That is capable of being operated by a customer of a financial institution;
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.
B. “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 one 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, either individually or as part of a group of persons, the passage of a person, pedestrian traffic, a vehicle or vehicular traffic while making a solicitation;
5. To use violent or threatening gestures toward a person;
6. To engage in conduct that would reasonably be construed as intended to compel or force a person being solicited to consent to demands;
7. To make any false or misleading representation in the course of making a solicitation, where the person knew or reasonably should have known of the falsity or misleading nature of the information;
8. To use profane, offensive, or abusive language, which is inherently likely to provoke an immediate violent reaction; or
9. To solicit on private property, unless the solicitor has the written permission of the owner or occupant of the private property.
C. “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.
D. “Public transportation stop” means an area officially marked and designated as a place to wait for a bus, or any other public transportation vehicle that is operated on a scheduled route with passengers paying fares on an individual basis.
E. “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.
F. “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.
G. “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. (Ord. 1796 § 3, 2014).
9.136.030 Coercive solicitation – Prohibited.
It shall be unlawful for a person to make a coercive solicitation. (Ord. 1796 § 3, 2014).
9.136.040 Time of solicitation.
It shall be unlawful to make solicitation to pedestrians on public property after sunset or before sunrise. (Ord. 1796 § 3, 2014).
9.136.050 Place of solicitation.
A. Solicitation Near Designated Locations and Facilities.
1. It is unlawful for any person to solicit another person within 25 feet of:
a. An automated teller machine;
b. A self-service fuel pump;
c. A public transportation stop; or
d. Any parked vehicle as occupants of such vehicle enter or exit such vehicle;
e. In any other circumstance, it is unlawful to approach within one foot of a person for the purpose of making a solicitation without obtaining said person’s initial consent.
2. It is unlawful for a person to solicit another person:
a. While located on private property, unless the solicitor has prior written permission from the owner or occupant;
b. While in any public transportation facility or vehicle.
B. For purposes of subsection (A) of this section, 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 part of a self-service fuel pump;
3. The nearest point of any sign or marking designating an area as a public transportation stop; or
4. Any door of a parked vehicle that is being used by an occupant of such vehicle to enter or exit such vehicle.
C. It shall be unlawful to solicit at the following places:
1. The on-ramp or off-ramp to a state highway or interstate highway;
2. Within 300 feet of the following intersections and identified in Exhibit A, attached to the ordinance codified in this chapter and incorporated by reference:
a. Burlington Boulevard and:
i. George Hopper Road;
ii. Pease Road;
iii. Cascade Mall Drive;
iv. Gilkey Road;
v. Rio Vista Avenue;
vi. Fairhaven Avenue;
vii. Marketplace Drive; and
viii. Sakuma Bros. Avenue;
b. Goldenrod Road and:
i. McCorquedale Road; and
ii. State Route 20;
c. George Hopper Road and:
i. Marketplace Drive;
d. Marketplace Street and:
i. Sakuma Bros. Avenue. (Ord. 1796 § 3, 2014).
9.136.060 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. (Ord. 1796 § 3, 2014).