Chapter 9A.09


9A.09.010    Purpose.

9A.09.020    Definitions.

9A.09.030    Prohibited conduct.

9A.09.040    Evidence.

9A.09.050    Penalty.

9A.09.010 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. 2927 § 5, 2009).

9A.09.020 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) “Goods” means real property, as well as tangible and intangible personal property.

(2) “Hitchhiking” has the meaning given that term in RCW 46.61.255, as currently adopted or as it may be amended in the future.

(3) “Public property” means:

(a) Any property open or devoted to public use or owned by the city; and

(b) 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.

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

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

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

(a) 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;

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

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

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

(7) “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. 2927 § 5, 2009).

9A.09.030 Prohibited conduct.

(1) 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 traveling on or stopped 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.

(2) Hitchhiking is subject to regulations in RCW 46.61.255, which also preempts the regulation of hitchhiking by local jurisdictions.

(3) The following conduct is exempt from the prohibition in this section:

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

(b) A law enforcement officer or public works or utilities worker in the performance of official duties;

(c) Engaging transportation licensed for hire (e.g., a taxi or shuttle); or

(d) In possession of a valid permit secured pursuant to Chapter 5.34 PMC. (Ord. 2927 § 5, 2009).

9A.09.040 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. 2927 § 5, 2009).

9A.09.050 Penalty.

A violation of this chapter 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. (Ord. 2927 § 5, 2009).