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HomeMy WebLinkAbout5262 ORDINANCE NO. 5262 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 9A.44 of the Bremerton Municipal Code by adding sections relating to solicitation in certain roadways and designated locations. WHEREAS, the City Council desires to add sections to Bremerton Municipal Code Chapter 9A.44 in order to regulate solicitation in certain places and to make other related changes to the chapter; and WHEREAS, the Council believes it is important to protect vehicle occupants and pedestrians from the dangers caused by physical interaction between vehicles and pedestrians; to protect individuals' personal and financial security; to help ensure safe and efficient travel of pedestrians and vehicles within City streets for citizens, commuters, and tourists; and to promote the quality of urban life, tourism, access and enjoyment, while providing safe and appropriate venues for constitutionally protected speech activity; and WHEREAS, certain streets and highways within the City are busy thoroughfares, especially at various times of day when the Puget Sound Naval Shipyard and Naval Base Kitsap employees arrive and depart from work, and when the Washington State Ferry arrives and departs; and WHEREAS, certain streets and highways have a high traffic volume at various times of the day, have speed limits higher than twenty-five miles per hour, and/or have few or no parking stalls or shoulders where vehicles can safely or legally stop or pull over; and WHEREAS, motor vehicle drivers approached by pedestrians may become distracted, may stop suddenly, or may linger on busy roads thereby posing a significant risk of physical injury to themselves, other motorists, bicyclists and pedestrians; and WHEREAS, streets and highways serve the primary purpose of enabling vehicular traffic, and pedestrians, to safely and efficiently move about from place to place; and WHEREAS, the Council believes it is important to protect citizens from the fear and intimidation accompanying certain kinds of solicitation, to promote tourism and business, and to preserve the quality of urban life while providing safe and appropriate venues for constitutionally protected activity; and WHEREAS, persons using automated teller machines often do so in isolated locations, have cash conspicuously in their possession, and/or are often a captive audience, sometimes with limited options to leave the area; and WHEREAS, persons using automated teller machines should not have to fear that their personal and financial security are vulnerable to coercion or crime; and 1 Unlawful Solicitation WHEREAS, persons waiting at bus stops are often in isolated locations, often have cash conspicuously in their possession, usually are a captive audience, and often have their attention distracted from their surroundings as they wait and watch for necessary transportation; and WHEREAS, persons waiting for buses may be vulnerable because they often cannot leave the area, and this vulnerability may cause them to avoid using buses; and WHEREAS, persons walking to and from bus stops during busy commuter times may need clear and quick access to the bus stops; and WHEREAS, in addition to adding new sections to Chapter 9A.44 of the Bremerton Municipal Code relating to solicitation in certain roadways and designated locations, Section 9A.44.100 entitled"Pedestrian Interference" is repealed and replaced with Section 9A.44.110 entitled "Aggressive Begging" and Section 9A.44.120 entitled "Pedestrian or Vehicular Interference"; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The recitals set forth above are hereby adopted and incorporated as if set forth herein in full. SECTION 2. Section 9A.44.110 of the Bremerton Municipal Code entitled "Lasers" is amended by renumbering this section as follows: 9A.44.U0100 LASERS Chapter 9A.49 RCW, with the exception of those provisions contained therein for which a violation constitutes a felony crime, is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. SECTION 3. Section 9A.44.100 of the Bremerton Municipal Code entitled "Pedestrian Interference" is hereby repealed as follows: (a) The following definitions apply in this seetiew- (1C "Aggr-es''iyel.,_beg" means to be with the intent to intimidate ethe e giving money er-goods. (2) at-imidat " means toengage in reenduet..,l,ieh would make o reasonable f.,rf,l OF fee-! polled (3) "Beg" means to ask for-meney or-goods as a ehar-ity, whether-by WOFdS, 1.,.dily ge ef ether- � vstiuErp2d2scriurrvrP2hi^c'inicc-tr-axxrc—n-r2aliS-t'6walk, stand, sit, lie, of plaee an objeet in sueh a manner-as to bloek passage by anether-per-son or-a vehiele, or-to require another-per-sonor- driver-of a ehie10 to take evasive actio teavoid. hys .,1 „t,,.,t A ets authorized as an exer-raise of one's eenstitutional right to pieket or-to legal!y protest, and arsts - . 2 Unlawful Solicitation (5) "Publie plaee" means an area gener-ally visible to publie view and ineludes > PaFkS, plazas, sidewalks and streets open to, and the door-ways and entr-anees to buildings or- dwellings and grounds enelesing them. tont;„ .,n. (e) Ped@str-ian int r-eneeis misQe-ffleaner-. SECTION 4. Anew section, 9A.44.110, entitled"Aggressive Begging" is hereby added to Chapter 9A.44 of the Bremerton Municipal Code to read as follows: 9A.44.110 AGGRESSIVE BEGGING. (a) Definitions. The following definitions apply in this section: (1) "Intimidate" means to engage in conduct which would make a reasonable person fearful or feel compelled. (2) "Beg" means to ask for money or goods as a charity, whether by words, bodily gestures, signs, or other means. (3) "Public place" means an area generally visible to public view and includes alleys, bridges, buildings, driveways,parking lots, parks, plazas, sidewalks and streets open to the general public, including those that serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and grounds enclosing them. (b) Violation. A person is guilty of aggressive begging if, in a public place, he or she begs with the intent to intimidate another person into giving money or goods. (c) Penalty. Aggressive begging is a misdemeanor as defined in BMC 1.12.020(2). SECTION S. A new section, 9A.44.120, entitled "Pedestrian and Vehicular Interference" is hereby added to Chapter 9A.44 of the Bremerton Municipal Code to read as follows: 9A.44.120 PEDESTRIAN OR VEHICULAR INTERFERENCE. (a) Definitions. The following definition applies in this section: "Public place" means an area generally visible to public view and includes alleys, bridges, buildings, driveways, parking lots, parks, plazas, sidewalks and streets open to the general public, including those that serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and grounds enclosing them. (b) Violation. A person is guilty of pedestrian or vehicular interference if, in a public place, he or she intentionally walks, stands, sits, lies, or places 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) Exceptions. Acts authorized as an exercise of one's constitutional right to picket or to legally protest, and acts authorized by a permit issued pursuant to the Bremerton Municipal Code, shall not constitute pedestrian or vehicular interference. 3 Unlawful Solicitation (d) Penalty. Pedestrian or vehicular interference is a misdemeanor as defined in BMC 1.12.020(2). SECTION 6. A new section, 9A.44.120, entitled "Unlawful Solicitation in Prohibited Roadways" is hereby added to Chapter 9A.44 of the Bremerton Municipal Code to read as follows: 9A.44.130 UNLAWFUL SOLICITATION IN PROHIBITED ROADWAYS (a) Purpose. The purpose of this section is to promote the City's fundamental interest in public peace, health, and safety, by regulating acts of solicitation that occur within certain designated roadways which pose substantial risks to vehicular and pedestrian safety due to high volume traffic, limited or no parking and/or other safety factors. (b) Definitions. The following definitions apply in this section: (1) "Contact" means actual physical contact or the giving or receiving of any item from one person to another. (2) "Enter" means to cross the vertical plane of the edge of a prohibited roadway with any part of a person's body or any extension thereof. (4) "Roadway"means the portion of a street or highway within the City primarily used for vehicular travel including medians, paved shoulders and bike lanes, but does not include the curbs and sidewalks. (5) "Solicit" means: (i) Either orally or in writing, directly or by implication, to ask, beg, request or plead for employment, goods, services, financial aid, monetary gifts, or any article representing monetary value, for any purpose; (ii) Either orally or in writing, to sell or offer for immediate sale goods, services, or publications; (iii) To distribute without remuneration goods, services, or publications; or (iv) To solicit signatures on a petition or opinions for a survey. (c) Violation. A person is guilty of unlawful solicitation in prohibited roadways if he or she solicits from an occupant of any vehicle that is on a prohibited roadway, enters the prohibited roadway before, during or after the solicitation, and contacts an occupant of any vehicle on the prohibited roadway. Prohibited roadway includes the following: (i) 6th Street (ii) 11th Street (iii) Burwell Street (iv) Charleston Boulevard (v) Kitsap Way east of State Highway 3 (vi) Naval Avenue south of 11th Street (vii) Sheridan Road (viii) Sylvan Way (ix) Warren Avenue (x) Washington Avenue (xi) Wheaton Way (d) Exceptions. It is not a violation under this section if the person entering a prohibited roadway: (1) Contacts a vehicle occupant when the vehicle is legally parked; 4 Unlawful Solicitation (2) Is summoning aid in an emergency situation; or (3) Is a law enforcement officer in the performance of official duties. (e) Penaltv. Unlawful solicitation in prohibited roadways is a misdemeanor as defined in BMC 1.12.020(2). SECTION 7. A new section, 9A.44.130, entitled "Unlawful Solicitation" is hereby added to Chapter 9A.44 of the Bremerton Municipal Code to read as follows: 9A.44.140 UNLAWFUL SOLICITATION AT DESIGNATED LOCATIONS (a) Purpose. The purpose of this section is to promote the City's fundamental interest in public peace, health, and safety by regulating acts of solicitation that occur at locations and under circumstances specified herein which pose substantial risks to pedestrian safety, and which harm the efficient movement and personal and financial security of citizens, tourists and other pedestrians. The in-person solicitation of funds combined with the immediate receipt of that money, when directed to someone transacting business at an automated teller machine or preparing to board a bus at a bus stop, creates a risk of fraud and duress and is a public safety concern. It is the purpose of this section is to protect citizens from the fear and intimidation accompanying certain kinds of solicitation while providing safe and appropriate venues for constitutionally protected activity. (b) Definitions. The following definitions apply in this section: (1) "Automated teller machine" (ATM) means a machine, other than a telephone, whether owned by a financial institution or a third party: (i) That is capable of being operated by a customer of a financial institution; (ii) By which the customer may communicate to the financial institution directly or indirectly a request to withdraw, deposit, transfer funds, make payment, or otherwise conduct financial business for the customer or for another person; and (iii) The use of which may or may not involve personnel of a financial institution. (2) "Solicit" means requesting an immediate contribution, donation or gift of money from a person or persons unknown to the solicitor. (c) Violation. A person is guilty of unlawful solicitation if he or she, in a continuous or repetitive manner, solicits and receives funds: (1) Within fifteen (15) feet of an ATM, measured from the solicitor to the nearest entrance or exit of a facility in which an ATM is enclosed or, if the machine is not enclosed in a facility, to the nearest part of the ATM; or (2) - Within fifteen (15) feet of a public bus stop, measured from the solicitor to the nearest part of the bus stop bench, shelter or other structure, or if the bus stop has no bench, shelter or other structure, to the nearest sign or marking designating the area as a bus stop. The distance between the solicitor and the ATM or the bus stop shall be measured in a straight line, without regard to intervening structures or objects. (d) Penalty. Unlawful solicitation at designated locations is a misdemeanor as defined in BMC 1.12.020(2). SECTION 8. Severability. if any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not 5 Unlawful Solicitation affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 9. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the 5"-L day of /`/"✓L �� , 2014 W GREG (TELER, Council President Approved this�day of A PllelL5�� , 2014 PATTY LErA5ror ATTEST: APPROVED AS TO FORM: IANN�ON:�COR�IN, City Clerk RO ERA. LUBOVI , PUBLISHED thed� day of d� �i�1'i� , 2014 EFFECTIVE the day ofy , 2014 ORDINANCE NO. ` o?�p R•\Legal\Legal\Ordinances\Police\Panhandling`•Panhandlmg-Final docx 6 Unlawful Solicitation AFFIDAVIT OF PUBLICATION Account#42742 AD#20144300 STATE OF WASHINGTON COUNTY OF KITSAP I,Teresa Hull,being first duly sworn on oath,deposes and says:That she is now,and at all times embraced in the publication herein mentioned was the principal clerk of the printers and publishers of KITSAP SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kitsap,in which County it is published and is now and has been for more than six months prior to the date of the publication hereinafter referred to,published in the English language continually as a daily newspaper in Bremerton, Kitsap County,Washington,a weekly newspaper in Kitsap County,Washington and is now and during all of said time, was printed in an office maintained in the aforesaid place of publication of said newspaper; that the following is a true text of an advertisement as it was published in regular issues(and not in supplement form)of said newspaper on the following date,to wit: And on Nov. 10,2014 such newspaper was regularly distributed to its subscribers during all of said period.The full amount of the fee charged for the foregoing publication is the sum of$37.30.This amount has not been paid in full. (Signature of Principal Clerk) Subscribed and sworn to before me this day of Nov. 19,2014. NOTARY PUBLIC STATE OF WASHINGTON C\, CHRiSTY IIA 61AOFlrITl° 1, till i t Expires July 08,2016 ORDINANCE NO.5262 AN ORDINANCE of the City Council of the City of Bremerton,Washington,amending Chapter 9A.44 of the Bremerton Municipal Code by adding sections relating to solicitation in certain roadways and designated locations. PASSED by the City Council on the 5th day of November,2014. The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street,Suite 600, Bremerton,WA 98337. NOV. 10,2014 AD#20144300