Chapter 10.38
PEDESTRIAN ACTIVITIES WITHIN THE CITY ROADWAYS
MEANT FOR VEHICULAR TRAVEL PROHIBITED

Sections:

10.38.010    Purpose.

10.38.020    Definitions.

10.38.030    Prohibited conduct.

10.38.040    Evidence.

10.38.050    Penalty.

10.38.010 Purpose.

The purpose of this chapter is to ensure the public safety of all citizens by prohibiting all pedestrian activities within the city roadways meant for vehicular travel. All activities by the public, including First Amendment activities, shall be confined to improved city sidewalks. (Ord. 2401 § 1 (part), 2018).

10.38.020 Definitions.

For the purpose of this chapter, the following words and phrases are defined and shall be construed as set forth in this chapter, unless otherwise expressly stated or the context clearly indicates a different intention. The definitions of words and phrases used in this chapter that are not specifically defined in this chapter shall be their common meaning.

A.    “Roadway” means that portion of the roadway that is improved and meant for vehicular travel which may include bike lanes.

B.    “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.    “Sidewalk” means the designated improved (paved) area for safe pedestrian passage.

D.    “Unimproved shoulders of the roadway” means those areas where there are no improved sidewalk areas designated for safe pedestrian passage. (Ord. 2401 § 1 (part), 2018).

10.38.030 Prohibited conduct.

A.    It is unlawful for any person to occupy any portion of the public roadway meant for vehicular travel with or without bike lanes, within the city, to knowingly conduct any activities, including First Amendment activities, within the roadway. An offense occurs when the activity takes place off of an improved sidewalk and the activity occurs within the roadway adjacent to, within the lane of vehicular travel, or in the designated bike lane.

B.    The following conduct is exempt from the prohibition in this section:

1.    Summoning aid or requesting assistance in an emergency situation; and

2.    A law enforcement officer or public works or utilities worker in the performance of official duties. (Ord. 2401 § 1 (part), 2018).

10.38.040 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. (Ord. 2401 § 1 (part), 2018).

10.38.050 Penalty.

A.    Initial contact with a person who is in violation or a person who is not in compliance with this chapter shall receive a verbal notification and warning.

Any person who fails to cooperate with a verbal notice and knowingly violates or fails to comply with any term or provision of this chapter shall be deemed to have committed the following:

B.    First Offense. Constitutes a Class 1 civil infraction with the maximum assessment not to exceed the amount of two hundred fifty dollars, not including statutory assessments.

C.    Second Offense. Constitutes a misdemeanor and, if found guilty, shall be subject to a fine not to exceed one thousand dollars, plus costs and assessments, and/or imprisonment not to exceed ninety days or to both such fine and imprisonment. A second offense shall mean a violation of this chapter which is committed within one calendar year of the first offense.

D.    Third or Subsequent Offenses. Constitutes a gross misdemeanor and, if found guilty, shall be subject to a fine not to exceed five thousand dollars, plus costs and assessments, and/or imprisonment not to exceed three hundred sixty-five days or both such fine and imprisonment. A third or subsequent offense shall mean a violation of this chapter which is committed within one calendar year of the first offense. (Ord. 2401 § 1 (part), 2018).