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ORD 05-509 e e ORDINANCE NO. D 5- 5rPf AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 6 OF THE FEDERAL WAY CITY CODE, SECTION 6-188 RELATING TO AGGRESSIVE BEGGING (Amending Ordinance Nos. 91-89 and 94-214). WHEREAS, the City of Federal Way is a non-charter code city under the laws ofthe State of Washington and, as such, has the power to enact ordinances for the protection of the public health, safety and general welfare and for other purposes; and WHEREAS, the current provisions of the Federal Way City Code include regulation of activity that involves aggressive begging, such as intimidation, false or misleading activities, or activities that involve safety concerns for people; and WHEREAS, because there is an increase of activities at off-ramps and along public rights-of-way that interfere with or potentially jeopardize the safety of pedestrians or vehicular traffic, it is appropriate that the provisions of the aggressive begging ordinance be modified to assure a better ability of the law enforcement officials to protect the safety of the public that may otherwise be threatened; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 6, Article VIII, Section 6-188 of the Federal Way City Code is hereby amended to read as follows: 6-188 Aggressive begging. (a) It is a crime for any person to engage in aggressive begging in any public place in the city as those terms are defined by this section. (b) As used in this section: ORD #fY:::,-5D9 , PAGE 1 e e (1) Aggressive begging shall mean U!l.to beg with intent to intimidate another person into giving money or goods. (b) to beg with the use of false or misleading information. ( c) to beg with or to involve activities that are unsafe or dangerous to anv person or property or to beg at locations or in a manner that threatens the safety of persons or property or that impedes or threatens to impede pedestrian or vehicular tratlic. (d) to beg in a manner that exploits children. or (e) to willfully provide or deliver or attempt to provide or deliver unrequested or unsolicited services or products with a demand or exertion of ores sure for oavment in return. (2) Beg shall means to ask for money or goods as a charity, whether by words, bodily gestures, signs or other means. I (3) Intimidate shall means to engage in conduct which would make a reasonable person fearful or feel compelled. (4) Public place shall mean any road, alley, lane, parking area, sidewalk or any place, private or otherwise, adopted to and fitted for vehicular or pedestrian travel, that is in common use by the public with the consent, expressed or implied, of the owner or owners, and further, any public playground, school grounds, recreation grounds, parks, parkways, park drives, park paths and rights- of-way open to the use of the public. (5) Exploit children shall mean using children in an unethical. selfish, or abusive manner or in any other manner that gives an unfair advantage. Section 2. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 3. Ratification. Any and all acts consistent with the authority and prior to the effective date of this ordinance are hereby ratified and affirmed. Section 4. Effective Date. This ordinance shall take effect and be in force five days from its passage, approval and publication, as provided by law. PASSED by the City Council of the City of Federal Way this 15f day of IIMfilJatt2005. CITY OF FEDERAL WAY ~M~ /l/!~ MAYOR, DEAN MCCOLGAN ,~ ATTEST: ff/J~~~~~~~~ ORD# tJ5'-5DC; , PAGE 2 e e APPROVED AS TO FORM: -r~~ CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: t5 PASSED BY THE CITY COUNCIL: (!'" PUBLISHED: - I~O< EFFECTIVE DATE: ( ll'"l(DS' ORDINANCE NO.: o ,~ .,D 1- ACCEPTANCE: K:\ORDIN\2005\aggressive begging. doc ORD #C/s - SDC., , PAGE 3