Chapter 9.45
REGULATION OF SOLICITATION
Sections:
9.45.030 Restrictive areas of solicitation.
9.45.040 Aggressive soliciting.
9.45.010 Purpose.
The purpose of this chapter is to protect citizens from the fear and intimidation accompanying certain practices of solicitation, to promote business and tourism, to protect pedestrian and vehicle safety, and to preserve the quality of life while providing safe and appropriate venues for constitutionally protected activity. (Ord. 2725 § 1 (part), 2020)
9.45.020 Definitions.
For the purpose of this chapter, the following words and phrases are defined and shall be construed as set forth in this section, 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 section shall be their common meaning.
A. “Aggressive soliciting” means:
1. Soliciting with intent to intimidate, including repeated contacts with a person while approaching or following the person or by blocking the passage of the person;
2. Continuing to solicit from a person or continuing to engage that person after the person has given a negative response to such soliciting;
3. Soliciting with use of false, misleading information, where the person knew or reasonably should have known of the falsity or misleading nature of the information;
4. Soliciting with or involving activities that are unsafe or dangerous to any person or property;
5. Soliciting in a manner that exploits children;
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.
B. “Automated teller machine” or “ATM” 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 to 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.
C. “Financial institution” means any banking corporation, credit union, or foreign exchange office. For purposes of this chapter, it shall also include any check cashing business.
D. “Intimidate” means to engage in conduct which would make a reasonable person fearful or feel compelled.
E. “Public place” means any public road, alley, lane, park, trail, parking area, sidewalk, right-of-way, or other publicly owned building, facility or structure or any privately owned property adapted 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.
F. “Public transportation facility” means a facility or designated location that is owned, operated, or maintained by a city, county, transportation authority, public transportation benefit area, regional transit authority, or metropolitan municipal corporation within the state for the purpose of facilitating bus, train, or other public transportation.
G. “Public transportation vehicle” means any vehicle that is owned by a city, county, transportation authority, public transportation benefit area, regional transit authority, or metropolitan municipal corporation within the state for the purpose of facilitating bus, train, or other public transportation.
H. “Soliciting” means asking for money, goods, action, or services for any purpose, whether by words, bodily gestures, signs or other means. (Ord. 2725 § 1 (part), 2020)
9.45.030 Restrictive areas of solicitation.
It is unlawful for any person to solicit another person under any of the following circumstances:
A. Within 25 feet of an ATM or financial institution; or
B. Within 15 feet of any occupied handicapped parking space; or
C. In any public parking lot or structure or walkway dedicated to such parking lot or structure; or
D. In any public transportation facility or public transportation vehicle. (Ord. 2725 § 1 (part), 2020)
9.45.040 Aggressive soliciting.
It is unlawful for any person to engage in aggressive soliciting in any public place in the city. (Ord. 2725 § 1 (part), 2020)
9.45.050 Penalties.
A violation of SMC 9.45.030 shall be a misdemeanor and, upon conviction thereof, a person is subject to a penalty of up to $1,000, or jailed for up to 90 days, or both. A violation of SMC 9.45.040 shall be a gross misdemeanor and, upon conviction thereof, a person is subject to a penalty of up to $5,000, or jailed for up to one year, or both. (Ord. 2725 § 1 (part), 2020)