Chapter 9A.08
REGULATION OF SOLICITATION
Sections:
9A.08.030 Place of solicitation.
9A.08.040 Solicitation by coercion.
9A.08.010 Purpose.
The purpose of this chapter is to protect citizens from the fear and intimidation accompanying certain kinds of solicitation, to promote business and tourism, and to preserve the quality of life while providing safe and appropriate venues for constitutionally protected activity. (Ord. 2927 § 4, 2009).
9A.08.020 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.
(1) “Automated teller machine” means a machine other than a telephone:
(a) That is capable of being operated by a customer of a financial institution;
(b) 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
(c) The use of which may or may not involve personnel of a financial institution.
(2) “Coercion” means:
(a) To approach or speak to a person in such a manner as would cause a reasonable person to believe that the person is being threatened with either imminent bodily injury or the commission of a criminal act upon the person or another person or upon property in the person’s immediate possession;
(b) To persist in a solicitation after the person solicited has given a negative response;
(c) To block, either individually or as part of a group of persons, the passage of a solicited person;
(d) To engage in conduct that would reasonably be construed as intended to compel or force a solicited person to accede to demands;
(e) To use violent or threatening gestures toward a person;
(f) 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; or
(g) To use profane, offensive, or abusive language, which is inherently likely to provoke an immediate violent reaction.
(3) “Exterior public pay telephone” means any coin or credit card reader telephone that is:
(a) Installed or located anywhere on a premises except exclusively in the interior of a building located on the premises; and
(b) Accessible and available for use by members of the general public.
(4) “Public transportation facility” means a facility or designated location that is owned, operated, or maintained by a city, transportation authority, public transportation benefit area, regional transit authority, or metropolitan municipal corporation within the state.
(5) “Public transportation stop” means an area officially marked and designated as a place to wait for a bus, a rail or light rail vehicle, or any other public transportation vehicle that is operated on a scheduled route with passengers paying fares on an individual basis.
(6) “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.
(7) “Self-service car wash” means a structure:
(a) At which a vehicle may be manually washed by its owner or operator with equipment that is activated by the deposit of money in a coin-operated machine; and
(b) That is accessible and available for use by members of the general public.
(8) “Self-service fuel pump” means a fuel pump:
(a) 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
(b) That is accessible and available for use by members of the general public.
(9) “Solicit” and all derivative forms of “solicit” means to ask, beg, solicit, or plead, whether orally or in written or printed manner, for the purpose of immediately receiving contributions, alms, charity, or gifts of items of value for oneself or another person. (Ord. 2927 § 4, 2009).
9A.08.030 Place of solicitation.
It is unlawful for any person to solicit another person under any of the following circumstances:
(1) While a person uses an automated teller machine or shortly after the person uses such machine;
(2) At the entrance of a building, unless the solicitor has permission from the owner or occupant;
(3) While a person uses an exterior public pay telephone or shortly after the person uses such telephone;
(4) While a person uses a self-service car wash or shortly after the person uses such car wash;
(5) While a person uses a self-service fuel pump or shortly after the person uses such fuel pump;
(6) While a person is at a public transportation stop or shortly after such person disembarks from a public transportation vehicle;
(7) Any parked vehicle as occupants of such vehicle enter or exit such vehicle;
(8) From private property to the public, unless the solicitor has permission from the owner or occupant;
(9) After sunset or before sunrise; or
(10) In any public transportation facility or vehicle. (Ord. 2927 § 4, 2009).
9A.08.040 Solicitation by coercion.
It is unlawful for a person to solicit by coercion. (Ord. 2927 § 4, 2009).
9A.08.050 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. 2927 § 4, 2009).
9A.08.060 Penalties.
A violation of PMC 9A.08.030 shall be a misdemeanor and, upon conviction thereof, a person is subject to a penalty of up to $1,000, jailed for up to 90 days, or both a fine and a penalty. Violation of PMC 9A.08.040 shall be a gross misdemeanor and, upon conviction thereof, a person is subject to a penalty of up to $5,000, jailed for up to one year, or both a fine and a penalty. (Ord. 2927 § 4, 2009).