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ORD 15-784 ORDINANCE NO. 15-784 AN ORDINANCE of the City of Federal Way, Washington, relating to interference with pedestrian and vehicular traffic; amending FWRC 6.35.030; Amending Ordinance Nos. 11-697, 08-576, 05-509, 94-214, and 91-89. WHEREAS, begging in in a manner that intimidates citizens or interferes with the safe and free travel of pedestrian and vehicular traffic remains an issue of concern in the City of Federal Way; and WHEREAS, FWRC 6.35.030 has been updated from time to time to remain consistent with current case law as it has evolved; and WHEREAS, the City Council of Federal Way finds it is in the best interests of the citizens to update FWRC 6.35.030 to reflect current conditions and law; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. FWRC 6.35.030 is hereby amended to read as follows: 6.35.030 Aggressive begging Pedestrian Interference. (1) The following definitions apply to this section: (a) "Aggressively beg"means=to beg with the intent to intimidate another person into giving money or goods. (i) Begging with the intent to intimidate another person into giving money or goods; (iii)Begging in a manner that exploits children; Ordinance No. 15-784 Page 1 of 5 Rev 1/10 value that were not requested er agreed te, while demanding or coercing payment in return; (v) Begging within 15 feet of an automated teller machine (ATM); or (vi) Begging on private property or residential property, if the owner, tenant, or lawful indicating that begging is not allowed on the property. (b) `Begging"means to asking for money or goods as a charity, whether by words, bodily gestures, signs, or other means. (c) "Obstruct pedestrian or vehicular traffic" "Exploits children"m uns begging while associating with children when the funds will net benefit the children or where the children are not cooperating voluntarily means: (i) Walking, standing, sitting, lying, or placing an object in such a manner as to block passage by another person or a vehicle that requires a pedestrian or vehicle operator to take evasive action to avoid contact; or, (ii) Loitering on the roadway or on a median between lanes of travel in order to beg from the occupants of vehicles traveling on the roadway. (d) "Impede pedestrian or vehicular traffic" -• . . . , • :, • , - • - object in such a manner as to block passage by another person or a vehicle, or to require a pedestrian or vehicle operator to take evasive action to avoid contact. Examples include, but are not limited to, preventing the flew of vehicular traffic on a roadway and preventing the flow of pedestrian traffic on a sidewalk or at a public transportation stop. "Roadway" has the meaning given that term in RCW 46.04.500 as currently adopted or as it may be amended in the future. (e) "Intimidate"means to engage in words or conduct which would likely eause make a reasonable person to fear bodily harm fearful or feel compelled to give money to a person, Ordinance No. 15-784 Page 2 of 5 Rev 1/10 fear damage to or loss of property, er otherwise be coerced into-giving money or other thing of value. Evidence of intimidation shall includes, but is not be limited to: (i) Persisting in soliciting and closely following or approaching a person after the person has made a negative response to the begging; after a refusal; , (ii) Using violent or threatening gestures toward a person Following or approaching a person after the person has refused; (iii)Using profane, offensive, or abusive language which is inherently likely to -- - • - . . - - • -; ..•: violent or threatening gestures while begging; iv Intentionally touching or causing sisal contact with another person without ( ) Y � �PhY p that person's consent. Using profane, offensive, or abusive language that is likely to immediate or provoke a violent reaction from a reasonable person; (v) Intentionally touching or causing physical contact with another person without that person's consent while begging; or., 'vi)Begging within 15 feet of an automated teller machine (ATM). (f)"Public place"means any place that is in common use by, or expressly or impliedly open to, the public, whether owned er operated by public or private interests, and includes but is not limited to any street,right of way,parking area, sidewalk,plaza, playground, open to the public. 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 the grounds enclosing them. (2)A person is guilty of aggressive begging pedestrian interference if, in a public place,he or she intentionally: (a)Aggressively begs; or Ordinance No. 15-784 Page 3 of 5 Rev 1/10 (b)Impedes Obstructs pedestrian or vehicular traffic. (3) It is an affirmative defense to prosecution under this-section that the person was: (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)(3)A person violating this section is guilty of a misdemeanor. 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 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. Ordinance No. 15-784 Page 4 of 5 Rev 1/10 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 3rd day of February, 2015. CITY OF FEDE' e L WAY dead ►' • 'OR IM FE 'ELL ATTEST: - r Cif C ERK, STEPHANIE CI RFNEY, CMC APPROVED AS TO FORM: CITY AT 1 G EY, AMY JO PEARSALL FILED WITH THE CITY CLERK: 01/13/2015 PASSED BY THE CITY COUNCIL: 02/03/2015 PUBLISHED: 02/06/2015 EFFECTIVE DATE: 03/08/2015 ORDINANCE NO.: 15-784 Ordinance No. 15-784 Page 5 of 5 Rev 1/10 6.35.030 Pedestrian Interference. (1)The following definitions apply to this section: (a) "Aggressively beg" means to beg with the intent to intimidate another person into giving money or goods. (b) "Beg" means to ask for money or goods as a charity, whether by words, bodily gestures, signs, or other means. (c) "Obstruct pedestrian or vehicular traffic" means: (i)Walking, standing, sitting, lying, or placing an object in such a manner as to block passage by another person or a vehicle that requires a pedestrian or vehicle operator to take evasive action to avoid contact; or, (ii) Loitering on the roadway or on a median between lanes of travel in order to beg from the occupants of vehicles traveling on the roadway. (d) "Roadway" has the meaning given that term in RCW 46.04.500 as currently adopted or as it may be amended in the future. (e) "Intimidate" means to engage in words or conduct which would likely make a reasonable person fearful or feel compelled to give money to a person. Evidence of intimidation includes, but is not limited to: (i) Persisting in soliciting after a refusal; (ii) Following or approaching a person after the person has refused; (iii) Using violent or threatening gestures while begging; (iv) Using profane, offensive, or abusive language that is likely to intimidate or provoke a violent reaction from a reasonable person; (v) Intentionally touching or causing physical contact with another person without that person's consent while begging; or, (vi) Begging within 15 feet of an automated teller machine (ATM). (f) "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 the grounds enclosing them. (2)A person is guilty of pedestrian interference if, in a public place, he or she intentionally: (a)Aggressively begs;or (b) Obstructs pedestrian or vehicular traffic. (3)A person violating this section is guilty of a misdemeanor.