Chapter 5.21
REGULATION OF SOLICITATION
Sections:
5.21.030 Place of solicitation – Violation.
5.21.040 Manner of solicitation – Violation.
5.21.050 Solicitation – Where permitted.
5.21.010 Purpose and intent.
It is the purpose of this chapter to regulate solicitation in order to promote the health, safety, peace, and general welfare of the citizens and visitors of the city of Yelm. (Ord. 1037 § 1, 2017).
5.21.020 Definitions.
For the purposes of this chapter:
A. “Automated teller machine” (ATM) means a device, linked to a financial institution’s account records, which is able to carry out transactions, including, but not limited to: account transfers, deposits, cash withdrawals, balance inquiries, and mortgage and loan payments.
B. “Obstructing” means to walk, stand, sit, or lie, or place an object, in such a manner as to block passage by another person or a vehicle, or to require another person or a driver of a vehicle to take evasive action to avoid physical contact.
C. “Solicitation” for the purposes of this chapter is any means of asking, begging, requesting, or pleading made in person, orally or in a written or printed manner, directed to another person, requesting an immediate donation of money, contribution, alms, financial aid, charity, gifts of items or services of value, or the purchase of an item or service for an amount far exceeding its value, under circumstances where a reasonable person would understand that the purchase is in substance a donation.
D. “Public transportation vehicle” means any vehicle used as a mode of mass transit.
E. “Public transportation stop” means an area officially marked and designated as a place to wait for a bus or any other public transportation vehicle that is operated on a scheduled route with passengers paying fares on an individual basis.
F. “Self-service fuel pump” means a fuel pump:
1. 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
2. That is accessible and available for use by members of the general public. (Ord. 1037 § 1, 2017).
5.21.030 Place of solicitation – Violation.
It shall be unlawful for any person to solicit when the person solicited is in any of the following places within the city limits of Yelm, Washington:
A. At any public transportation stop;
B. In any public transportation vehicle;
C. Within 15 feet of:
1. An automated teller machine;
2. A self-service fuel pump;
3. Any parked vehicle as occupants of such vehicle enter or exit such vehicle. (Ord. 1037 § 1, 2017).
5.21.040 Manner of solicitation – Violation.
It shall be unlawful for any person to make solicitations in any of the following manners:
A. By intentionally coming within three feet of the person solicited, unless that person has indicated that he or she does wish to make a donation;
B. By intentionally obstructing the path of the person or vehicle of the person solicited;
C. By intentionally obstructing the passage through the entrance or exit of any building;
D. By soliciting anyone under the age of 16;
E. By following a person who walks away from the solicitor, if the solicitor’s conduct is intended to or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation;
F. By using profane or abusive language, either during the solicitation or following a refusal;
G. By soliciting in a group of two or more persons, except where one or more solicitor(s) is/are under the age of 18 and is/are the dependent child(ren) of the other solicitor;
H. By soliciting within 50 feet of any other solicitor, except where one or more solicitor(s) is/are under the age of 18 and is/are the dependent child(ren) of the other solicitor; or
I. By any statement, gesture, or other communication that a reasonable person in the position of the person solicited would perceive to be a threat or offensive. (Ord. 1037 § 1, 2017).
5.21.050 Solicitation – Where permitted.
Solicitation is permitted in any place and manner not otherwise restricted by this chapter. (Ord. 1037 § 1, 2017).
5.21.060 Penalty.
Any person found to be in violation of this chapter shall be guilty of a misdemeanor and, if found guilty, shall be subject to a fine not to exceed $1,000, plus costs and assessments, and/or imprisonment not to exceed 90 days, or to both such fine and imprisonment. (Ord. 1037 § 1, 2017).
5.21.070 Severability.
If any one or more sections, subsections, or sentences of this chapter are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this chapter and the same shall remain in full force and effect. (Ord. 1037 § 1, 2017).