Chapter 9.18
Solicitations to Occupants of Vehicles on Public Roadways Prohibited


9.18.010    Purpose.

9.18.020    Definitions.

9.18.030    Prohibited conduct.

9.18.040    Evidence.

9.18.050    Penalty.

9.18.010 Purpose.

The purpose of this chapter is to protect citizens from the fear and intimidation accompanying certain kinds of solicitation and to provide for vehicular and pedestrian traffic safety.  (Ord. 08-864 § 1).

9.18.020 Definitions.

In this chapter:

(a) “Goods” means real property, as well as tangible and intangible personal property.

(b) “Public property” means:

(1) Any property open or devoted to public use or owned by the City; and

(2) Any area dedicated to the public use for sidewalk, street, highway, or other transportation purposes, including, but not limited to, any curb, median, parkway, shoulder, sidewalk, alley, drive, or public right-of-way.

(c) “Roadway” has the meaning given that term in RCW 46.04.500, as currently adopted or as it may be amended in the future.

(d) “Services” means any work done for the benefit of another person.

(e) “Solicit” and all derivative forms of “solicit” means any conduct or act whereby a person:

(1) Either orally or in writing asks for an immediate ride, employment, goods, services, financial aid, monetary gifts, or any article representing monetary value, for any purpose;

(2) Either orally or in writing sells or offers for immediate sale goods, services, or publications;

(3) Distributes without remuneration goods, services, or publications; or

(4) Solicits signatures on a petition or opinions for a survey.

(f) “Vehicle” has the meaning given that term in RCW 46.04.670, as currently adopted or as it may be amended in the future.  (Ord. 08-864 § 1).

9.18.030 Prohibited conduct.

(a) It is unlawful for any person, while occupying any public property adjacent to any public roadway in the City, to knowingly conduct a solicitation directed to, or intended to attract the attention of, the occupant of any vehicle stopped or traveling on the roadway, unless said vehicle is legally parked.  An offense occurs when the solicitation is made, whether or not an actual employment relationship is created, a transaction is completed, or an exchange of money, goods, or services takes place; provided, that nothing herein shall be construed to prohibit activity authorized pursuant to Chapter 10.04 DMC, Special Events Permitting Code.

(b) It is a defense to prosecution under this section that the person was:

(1) Summoning aid or requesting assistance in an emergency situation; or

(2) A law enforcement officer in the performance of official duties.  (Ord. 08-864 § 1).

9.18.040 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. 08-864 § 1).

9.18.050 Penalty.

Any violation of any provision, or failure to comply with any of the requirements, of this chapter shall be subject to the terms and conditions of Chapter 1.17 DMC, Enforcement.  (Ord. 08-864 § 1).