Chapter 9.60
PUBLIC SOLICITATION
Sections:
9.60.030 Solicitation unlawful—Prohibited acts.
9.60.040 Solicitation by coercion unlawful.
9.60.050 Obstruction of pedestrian or vehicle traffic unlawful.
9.60.010 Purpose.
The purpose of this chapter is to protect citizens from the fear and intimidation accompanying certain kinds of conduct and to provide for vehicular and pedestrian traffic safety. (Ord. 3892 § 3 (Exh. A), 2017; Ord. 3681 § 1, 2008)
9.60.020 Definitions.
The following definitions apply in this section:
A. “Automated teller machine” means a machine that is used by a customer of a financial institution to withdraw, deposit, transfer funds, make payment, or otherwise conduct financial business.
B. “Coercion” means:
1. To approach or speak to a person in such a manner as would cause a reasonable person to believe that they are being threatened with imminent bodily injury or the commission of a criminal act upon their person or upon their property;
2. To block, either individually or as part of a group, the passage of a solicited person;
3. To engage in conduct that would reasonably be construed as intended to compel or force a solicited person to accede to demands;
4. To use violent or threatening gestures toward a solicited person.
C. “Obstruct pedestrian or vehicular traffic” means to walk, stand, sit, lie, 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.
D. “Public property” means:
1. Any property open to or devoted to public use, including public rights-of-way, sidewalks, streets, parks, plazas, and highways;
2. Any property owned by the city of Kelso.
E. “Self-service gas station” means a place where a person can fuel their vehicle with or without the aid of an attendant on the premises.
F. “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 monetary contributions, employment, alms, charity, or gifts of items of value for oneself or another person. “Solicit” also means to distribute without remuneration goods, services, or publications, or to gather signatures on a petition or opinions for a survey. (Ord. 3892 § 3 (Exh. A), 2017; Ord. 3681 § 1, 2008)
9.60.030 Solicitation unlawful—Prohibited acts.
It shall be unlawful for any person to solicit another person at any of the following locations when the solicitation is not on public property:
A. Within twenty-five feet of an automated teller machine;
B. Within twenty-five feet of a self-service gas station;
C. Within twenty-five feet of any parked vehicle as the occupant(s) enter or exit such vehicle;
D. On private property, unless the solicitor has permission from the owner or occupant; or
E. After sunset or before sunrise. (Ord. 3892 § 3 (Exh. A), 2017; Ord. 3681 § 1, 2008)
9.60.040 Solicitation by coercion unlawful.
It is unlawful for a person to solicit by engaging in coercion. (Ord. 3892 § 3 (Exh. A), 2017; Ord. 3681 § 1, 2008)
9.60.050 Obstruction of pedestrian or vehicle traffic unlawful.
It is unlawful for any person to obstruct pedestrian or vehicle traffic for the purpose of public solicitation. (Ord. 3892 § 3 (Exh. A), 2017; Ord. 3681 § 1, 2008. Formerly 9.60.060)
9.60.060 Penalty.
Any violation of this chapter shall be a class 1 civil infraction and punishable by up to a fine of two hundred fifty dollars. (Ord. 3892 § 3 (Exh. A), 2017; Ord. 3681 § 1, 2008. Formerly 9.60.070)
9.60.070 Severability.
If any provision of this chapter is held to be invalid, the remainder of the chapter shall remain in full force and effect. (Ord. 3892 § 3 (Exh. A), 2017; Ord. 3681 § 1, 2008. Formerly 9.60.080)