ORD 08-576
t
ORDINANCE NO. m'57~
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF FEDERAL WAY, WASHINGTON,
ADDRESSING AGGRESSIVE, INTIMIDATING,
OBSTRUCTIVE, AND FRAUDULENT
PANHANDLING AND AMENDING CHAPTER 6
CRIMINAL CODE, ARTICLE VIII, CRIMES
RELATING TO PERSONS. (Amending Ordinance
Nos. 91-89, 94-214, and 05-509)
WHEREAS, the City of Federal Way previously adopted an aggressive begging
ordinance;
WHEREAS, additional and more comprehensive regulations would help protect
persons from threatening, intimidating, fraudulent, dangerous, or harassing behavior;
keep public places safe and attractive for use by all members of the community; maintain
and preserve public places where all of the community can interact in a peaceful manner;
provide for the free flow of pedestrian and vehicular traffic qn the streets and sidewalks
in the City, promote tourism and business, and preserve the quality of urban life;
WHEREAS, the City finds that more specific requirements regarding begging
furthers the health and safety of citizens, specifically by recognizing the inherently
threatening nature of certain encounters in public places based either on the manner or
location of these interactions, especially locations where persons it is difficult to leave
from or where money is dispensed; the inherent negative impact on traffic from certain
encounters in public places based either on the manner or location of these interactions;
and the need to protect citizens from inherently coercive nature of certain encounters in
public places based on the fraudulent manner of these interactions; and by protecting
ORD # C{J-S70 , PAGE I
children; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, DO ORDAIN AS FOLLOWS
SECTION 1. Chapter 6, Article VIII, Section 6-188, of the Federal Way City
Code shall be amended to read as follows:
6-188 Aggressive begging.
illW It is a crime for any person to intentionally 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:
illf4 The following definitions apply to this section:
~Aggressive begging" means shall mean:
(a) Begging while using intimidation; a. To beg with intent to intimidate another
person into gi-:ing money or goods;
(b) Begging while using b. To beg with the use of false or misleading
information;
(c) Begging in a manner that creates a threat to the safety of any person or
property; c. To beg in '.'lith or to in'lol'le activities that arc unsafe or dangerous to any
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 traffic;
(d) Begging in a manner that impedes or threatens to impede pedestrian or
vehicular traffic;
(e) Begging d. To beg in a manner that exploits children; ef
(0 Begging by providing or attempting to provide services or products of
negligible value that were not requested or agreed to, while demanding or coercing
payment in return; or e. To willfully provide or deli-o'er or attempt to pro 'Ii de or deliver
unrequested or unsolicited services or products '.vith a demand or exertion of pressure f{)r
pa)ment in return.
(g) Begging in the following {Jlaces:
(i) Within 15 feet of an automated teller machine (A TM);
(ii) At a public transportation stop;
(iii) On a public transportation vehicle;
(iv) On private property or residential property, if the owner. tenant. or
lawful occupant has asked the person not to beg on the property or a sign has been
posted indicating that begging is not allowed on the property;
(v) Places where the begging is likely to create a threat to the safety of
persons or property; or
(vi) Places where the begging is likely to impede pedestrian or vehicular
traffic, including, but not limited to, public places adiacent to any public roadway
where the begging is 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.
ORD # 6)!- 57<0 , PAGE 2
l.
~ "Begging" means asking Beg shall mean to ask for money or goods as a charity,
whether by words, bodily gestures, signs~ or other means.
~ "Exploits children"'means begging while associating with children when the
funds will not benefit the children or where the children are not cooperating voluntarily.
Exploit children shall mean using children in an unethical, selfish, or abusive manner or
in any other manner that gives an unfair advantage.
"False or misleading information" includes. but is not limited to:
(a) Stating that a donation is needed to meet a specific need and either that need
does not exist. the person either already has sufficient funds to meet that need. or the
person does not intend to use the funds to meet that need and the person does not disclose
that fact;
(b) Stating that a person is from out of town or stranded. when that is not true;
(c) Wearing a military uniform or other indication ofmilitarv service. while being
neither a present nor former member of the service indicated;
(d) Simulating a physical disability or using makeup or a device to simulate a
deformity; or
(e) Stating that a person is homeless, when that is not true.
"Impede pedestrian or vehicular traffic" includes. but is not limited to.
unreasonably causing a pedestrian or vehicle operator to take evasive action to avoid
contact by obstructing the path ofthe person or vehicle; or directing a solicitation to. or
intending to attract the attention of, the occupant of any vehicle stopped or traveling on
the roadway. unless the vehicle is legally parked.
(4t "Intimidation" means words or conduct which would likely cause a reasonable
person to fear bodily harm. fear damage to or loss of property, or otherwise be coerced
into giving money or other thing of value. Evidence of intimidation shall include but not
be limited to:
(a) Persisting in soliciting and closely following or approaching a person after the
person has made a negative response to the begging;
(b) Using violent or threatening gestures toward a person;
(c) Using profane, offensive, or abusive language which is inherently likely to
provoke an immediate violent reaction; and
(d) Intentionally touching or causing physical contact with another person without
that person's consent. Intimidate shall mean to engage in conduct '.vhich '.vould make a
reasonable person fearful or f-eel compelled.
~ "Public place" means any place that is in common use by, or expressly or
impliedly open to. the public, whether owned or operated by public or private interests,
and includes but is not limited to any street, right-of-way. parking area. sidewalk, plaza.
playground. school ground. park, cemetery, lake, stream. public conveyance. or business
establishment open to the public. Public place shall mean any road, alley, lane, parking
area, sidewalk or any place, private or otherwise, adopted to and fitted for 'o'ehicular or
pedestrian tra'o'el, that is in common use by the public '.'lith the consent, e](pressed or
implied, of the ovo'ner or ovmers, and further, any public playground, school grounds,
recreation grounds, parks, parkways, park drives, park paths and rights of way open to
the use ofthe public.
(3) It is an affirmative defense to prosecution under this section that the person was:
(a) Requesting assistance in an immediate. emergent, and unexpected emergency
ORD # Do . 57& PAGE 3
,
situation;
(b) Requesting, arranging, or {Jroviding a lawful tow of. or emergency repairs to. a
vehicle;
(c) Otherwise authorized by a city permit; or
(d) A law enforcement officer in the performance of official duties.
(4) A person violating this section is guilty of a misdemeanor.
(Ord. No. 91-89,9 1(9.26.030),3-5-91; Ord. No. 94-214, 9 1, 7-5-94; Ord. No. 05-509, 9
1, 11-1-05)
SECTION 2. Severability. Should any section, subsection, paragraph, sentence,
clause, or phrase of this chapter, or its application to any person or situation, be declared
unconstitutional or invalid for any reason, such decision shall not affect the validity of the
remaining portions of this chapter or its application to any other person or situation. The
City Council of the City of Federal Way hereby declares that it would have adopted this
chapter and each section, subsection, sentence, clauses, phrase, or portion thereof,
irrespective of the fact that anyone or more sections, subsections, sentences, clauses,
phrases, or portions be declared invalid or unconstitutional.
SECTION 3. Corrections. The City Clerk and the codifiers of this ordinance are
authorized to make necessary corrections to this ordinance including, but no limited to,
the correction of scrivener/clerical errors, references, ordinance numbering,
section/subsection numbers and any references thereto.
SECTION 4. Ratification. Any act consistent with the authority and prior to the
effective date of this ordinance is hereby ratified and affirmed.
ORD # t98.57[o , PAGE 4
SECTION 5. Effective Date. This ordinance shall take effect and be in force
five (5) days from and after its passage and publication, as provided by law.
/J4
PASSED by the City Council of the City of Federal Way this lit?.....! day of
~t1~ ,200L.
CITY OF FEDERAL WAY
ATTEST:
~r#~~
YCLERK,LA ATHAWAY,CMC
APPROVED AS TO FORM:
I~~
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
ORD # tJr-S?/;? , PAGE 5