ORD 11-697ORDINANCE NO. ll-697
AN ORDINANCE of the City of Federal Way, Washington, relating to
aggressive begging; amending FWRC 6.35.030. (Amending Ordinance
Nos. 08-576, OS-509, 94-214, 91-89.)
WHEREAS, Federal Way Revised Code ("FWRC") 6.35.030, "Aggressive Begging," sets
forth the prohibition of aggressive begging in the City of Federal Way; and
WHEREAS, a King County Superior Court Judge has found that a subsection of FWRC
6.35.030 is unconstitutionally vague as applied; and
WHEREAS, the City Council of Federal Way finds it is in the best interest of the citizens to
revise FWRC 6.35.030 so that it is constitutionally sound;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. FWRC 6.35.030 is hereby amended to read as follows:
6.35.030 Aggressive begging.
(1) '
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{�}The following definitions apply to this section:
�"Aggressivey begg�g" means:
(ai) Begging with the intent to intimidate another qerson into
qivinq money or qoods;
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(sii) Begging in a manner that creates a threat to the safety of any person or property;
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(eiii) Begging in a manner that exploits children;
(#i_v) 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; e�
(�v_) Begging �'� +ho f�ll�reiinrr r�l�noc_
{+A}—�Fwithin 15 feet of an automated teller machine (ATM); or
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(+vi) Beqqinq 9on 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;,
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Orclinance No. I1-697 Page 1 of 4
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�"Begging" means asking 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.
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�"Impede pedestrian or vehicular traffic" means to walk, stand, sit, lie, or place an obiect
in such a manner as to block passaqe by another person or a vehicle, or �^^'� ��'°° h, ,+ ;� n„+
�,„,;+o,� +„ ��nroocr�nohhi ��„�,nry to require a pedestrian or vehicle operator to take evasive action
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to avoid contact h., ^h°+r, ,,.+;,,n +ho .,-,+h l,f +ho .,o,-�„n „r vohicl� Examples include, but are not
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limited to preventinq the flow of vehicular traffic on a roadway and preventinq the flow of
pedestrian traffic on a sidewalk or at a public transportation stop. ,
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�"Intimidate�" means to enqaqe in 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:
(ai) Persisting in soliciting and closely following or approaching a person after the
person has made a negative response to the begging;
(�ii) Using violent or threatening gestures toward a person;
(siii) Using profane, offensive, or abusive language which is inherently likely to provoke
an immediate violent reaction; and
(�i_v) Intentionally touching or causing physical contact with another person without that
person's consent.
�"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.
(2) A person is quiltv of aqqressive beqqinq if in a public place, he or she intentionally:
(a) Aqqressively Beqs; or
(b) Impedes pedestrian or vehicular traffic.
(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
situation;
(b) Requesting, arranging, or providing 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.
Ordinance No. 11-697 Page 2 of 4
Section 2. Severabilitv. Should any section, subsection, paragraph, sentence, clause, ar
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 any one 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 not 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.
Section 5. Effective Date This ordinance shall take effect and be in force thirty (30) days
from and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this 2nd day of August, 2011.
CITY OF FEDERAL WAY
MAYOR, SK PRIEST
ATTEST:
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CITY CLERK, CAR L MCN LLY, CMC
Orclinance No. 11-697 Page 3 of 4
APPROVED AS TO FORM:
�G��'L-Gf:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
7-12-20ll
8-2-2011
8-6-2011
9-5-2011
11-697
Ordinance No. ll -697 Page 4 of 4