Chapter 6.75
OBSTRUCTING PASSAGE ON STREETS AND SIDEWALKS
Sections:
6.75.010 Failure to disperse on order.
6.75.020 Pedestrian or vehicular interference.
6.75.025 Receipt of items from the occupant of a motor vehicle at certain intersections prohibited.
6.75.030 Prohibiting use on roadway.
6.75.040 Prohibitions in central business district.
6.75.060 Obstructing sidewalk with merchandise.
6.75.065 Bicycles prohibited at Yakima Skate Park—Park to be posted.
6.75.070 Penalty for violation.
6.75.010 Failure to disperse on order.
A. It is unlawful for any person, group, or assemblage of persons whose standing, remaining or being congregated upon any public street or sidewalk in the city of Yakima shall obstruct, prevent or interfere with the free and unobstructed use of such street or sidewalk by other persons, to fail or refuse to move on or disperse upon being ordered so to do by any police officer of the city of Yakima or other peace officer.
B. A violation of this section is a misdemeanor. (Ord. 98-3 § 59 (part), 1998).
6.75.020 Pedestrian or vehicular interference.
A. A person is guilty of pedestrian or vehicular interference if, in a public place in the city of Yakima, he or she intentionally:
1. Obstructs pedestrian or vehicular traffic; or
2. Aggressively begs; or
3. Participates in begging within the perimeter of any city public parking lot or within the area of parking stalls located within the city’s public right-of-way.
B. Among the circumstances to be considered in determining whether a person intends to aggressively beg are whether that person:
1. Touches the person solicited;
2. Follows the person solicited;
3. Directs profane or abusive language toward the person solicited;
4. Uses violent or threatening gestures toward the person solicited; or
5. Persists in begging after the person solicited has given a negative response.
C. The following definitions apply to subsection A of this section:
1. “Obstructs 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 vehicle to such an extent that evasive action is necessary to avoid physical contact. Innocent acts which unintentionally and inadvertently block traffic or cause others to take evasive action; acts authorized as an exercise of one’s constitutional right to picket or to legally protest; and acts authorized by permit issued pursuant to this code shall not constitute an obstruction or interference with pedestrian or vehicular traffic.
2. “Aggressively beg” means to beg with the intent to intimidate another person into giving money or goods.
3. “Intimidate” means to engage in conduct which would make a reasonable person fearful or feel compelled.
4. “Beg” means to ask for money or goods as a charity, whether by words, bodily gestures, signs, or other means.
5. “Public place” means an area generally visible to public view and includes, but is not limited to, alleys, bridges, buildings, driveways, parking lots, parks, plazas, sidewalks and streets open to the general public, and doorways and entrances to buildings or dwellings accessible to the public and the grounds enclosing them. (Ord. 2010-19 § 1, 2010: Ord. 98-3 § 59 (part), 1998).
6.75.025 Receipt of items from the occupant of a motor vehicle at certain intersections prohibited.
A. The purpose of this section is to promote the city’s fundamental interest in public health and safety, by regulating conduct that occurs at high accident and/or high volume intersections and to provide for the free flow of motor vehicle traffic on roadways in the city. The city council finds that the intersections listed in subsection D of this section are high accident and/or high traffic volume intersections and to receive any item from the occupant of a motor vehicle upon a roadway within these intersections presents a threat to public safety and the free and safe flow of motor vehicle traffic.
B. For purposes of this section, the following definitions apply:
1. “Item” means any physical object.
2. “Permitted parking area” means an area in which parking a vehicle is authorized.
3. “Receive” means to acquire or collect any item from the occupant of a motor vehicle that is located in the roadway.
4. “Roadway” means that portion of the road designed or ordinarily used for vehicular travel within the city. This definition excludes private roads and private property. This definition also excludes areas where parking is permitted in the city.
C. It shall be unlawful to violate any prohibitions set forth below within the areas listed in subsection D of this section:
1. No person shall receive any item from an occupant of any motor vehicle when the vehicle is located in the roadway.
2. This section shall not apply to the receipt of any item with the occupant of a motor vehicle on private property or in a permitted parking area.
3. This section shall not apply to any law enforcement officer acting within the scope of his or her official duty.
4. This section shall not apply to the receipt or exchange of any item with the occupant of a motor vehicle located in the roadway in order to assist the occupant after a motor vehicle accident, with a disabled motor vehicle, or where the occupant is experiencing a medical emergency.
D. Conduct described in subsection (C)(1) of this section is prohibited within two hundred fifty feet of the following high accident and/or high volume intersections:
a. South 1st Street and Washington Avenue.
b. South 1st Street and Nob Hill Boulevard.
c. South 1st Street and Walnut Street.
d. South 1st Street and Mead Avenue.
e. South 1st Street and West Yakima Avenue.
f. South 40th Avenue and West Nob Hill Boulevard.
g. South 40th Avenue and Tieton Drive.
h. South 40th Avenue and Summitview Avenue.
i. South 16th Avenue and Tieton Drive.
j. South 16th Avenue and West Nob Hill Boulevard.
k. South 16th Avenue and West Washington Avenue.
l. North 40th Avenue and Fruitvale Boulevard.
m. North 40th Avenue and West Lincoln Avenue.
n. North 40th Avenue and River Road/Powerhouse Road.
o. North 40th Avenue and Englewood.
p. South 3rd Avenue and West Nob Hill Boulevard.
q. South 3rd Avenue and East Walnut Street.
r. South Fair Avenue and East Nob Hill Boulevard.
s. South 18th Street and East Nob Hill Boulevard.
t. North 16th Avenue and West Lincoln Avenue.
u. North 16th Avenue and Summitview Avenue.
v. North 16th Avenue and Fruitvale Boulevard.
w. North 16th Avenue and West Yakima Avenue.
x. Front Street and Yakima Avenue.
y. South 64th Ave and Nob Hill Boulevard.
z. North 1st Street and East I Street.
E. The legal department shall review updated high accident and high volume traffic studies every three years and shall report to the city manager or his/her designee on any statistical changes. (Ord. 2022-001 § 5, 2022; Ord. 2014-011 § 1, 2014: Ord. 2013-042 § 1, 2013).
6.75.030 Prohibiting use on roadway.
It is unlawful for any person to roller skate or ride in or by means of any skateboard, coaster, toy vehicle, or similar device, upon any roadway except while lawfully crossing a street. (Ord. 98-3 § 59 (part), 1998).
6.75.040 Prohibitions in central business district.
It is unlawful to roller skate, ride a bicycle or ride in or by means of any skateboard, coaster, toy vehicle or similar device on any private or public sidewalk, mall or other public or private way open for pedestrian travel within the central business district as defined by YMC 9.10.010; provided, that any such prohibition does not apply to a law enforcement officer in the course of his or her official duties. (Ord. 98-3 § 59 (part), 1998).
6.75.050 Right-of-way.
It is unlawful for any person on roller skates or riding in or by means of any skateboard, coaster, toy vehicle, or similar device to fail to yield the right-of-way to any pedestrian. (Ord. 98-3 § 59 (part), 1998).
6.75.060 Obstructing sidewalk with merchandise.
It is unlawful for any person to place, or cause or suffer to be placed by any person in his employ or under his control, any goods, wares, clothing, merchandise, produce or food products of any nature, whether of the same description or not, on any sidewalk or crosswalk in front of or alongside of his place of business for the purpose of display or for any other purpose, except while in the actual course of receipt or delivery, or to use any portion of any sidewalk for the purpose of displaying, selling, measuring, packing or weighing any article or thing whatsoever for sale. (Ord. 98-3 § 59 (part), 1998).
6.75.065 Bicycles prohibited at Yakima Skate Park—Park to be posted.
It is unlawful for any person to ride a bicycle, tricycle, scooter or other wheeled conveyance, other than a skateboard, roller-skate or in-line skate, on the paved portion of a Yakima Skate Park. All skate parks shall be conspicuously posted with the words “no bikes or scooters, violators will be prosecuted under YMC 6.75.065.” (Ord. 2000-42 § 1, 2000).
6.75.070 Penalty for violation.
A. With the exception of YMC 6.75.020(A)(2) and 6.75.025, any violation of this chapter is an infraction. The maximum civil infraction penalty for a first violation of this section within a one-year period shall be ninety-five dollars; for a second offense within a one-year period the penalty shall be one hundred fifty dollars; and for a third or subsequent violation within a one-year period, the penalty shall be two hundred fifty dollars.
B. A violation of YMC 6.75.020(A)(2) or 6.75.025 is a misdemeanor. (Ord. 2013-042 § 2, 2013: Ord. 98-3 § 59 (part), 1998).
6.75.080 Savings clause.
If any provision of this chapter is declared invalid or unconstitutional by any court of competent jurisdiction, the remaining provisions shall be severable and shall continue in full force and effect. (Ord. 2013-042 § 3, 2013).