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ORD 20-887 ORDINANCE NO. 20-887 AN ORDINANCE of the City of Federal Way, Washington, relating to pedestrians interfering with traffic; amending FWRC 6.35.030. (Amending Ordinance Nos. 15-802, 15-784, 11-697, 08-576, 05-509, 94- 214, and 91-89) WHEREAS, the City of Federal Way is a non-charter code city pursuant to Title 35A RCW; and WHEREAS, federal and state courts hold that charitable appeals for funds, including appeals in the form of begging, are free speech protected by the First Amendment to the United States Constitution; and WHEREAS, the City Council wishes to revise this ordinance to be consistent with current case law; and WHEREAS, obstructing traffic and loitering in a roadway interfere with and potentially jeopardize the safety of pedestrians and people in vehicles; and WHEREAS, regulating conduct that obstructs traffic is in the interest of the public health, safety, and welfare. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings. The foregoing recitals are adopted as findings of the City Council. Section 2. FWRC 6.35.030 is hereby amended to read as follows: 6.35.030 Pedestrian interference. (1) The following definitions apply to this section: moll y of ge 5- Ordinance No. 20-887 Page 1 of 4 n,1 e a lR r,,..., ,..e., ,, .: 5-asz�cl E�l'i \A h tl ef'ley words, l+r�elil `ret e s � �� 4 )-, (i) Walking, g :++: ., 1,, ,,n „l51 .7 ,.acing ..b;o.+ ; sueh , tnaiiiiei- �esf^ Nc^:�c passagge by ajiegief person or a vehiele that Fequires a pedestfian of veiiiele pefatar-fie take evasive aetion to avoid eenlaet;of the +s of yehiel en +..ayeling o, tli-e i oad-waN,. (a,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. "I r d +�eans to eiigat--e li+-w i3,S .,.7.,..t..,h,..1.. would likely make a reasonpef son far fal a-4�eel coinpelle -Ao . ,,e .,,o„a.,to a per-son >vide.-..,e of if4imidatien includes, but .i l; :regi ,., --rriz�-cc crrcr (H) Fel .,eb,ing a person Aer-44-r.per- has eA,.,ed; /:i:1 Using . olo„t o-ibreattelgri r�^ --ile w :1� �'�'�I:_•' hF�pftiine, elen . etie,, t;.,,,n o aI31e le sox; (N,) intentionally to pert 9- � 1 jlile l� .mer (f) "Public Ec P 1£za1lyafea gen of lly visible +., Ribl c. .4 ticl � g ,0+5 ,,arks plazas. si.�ew lL`�i'i�13c�'streets-ol7t�17-t'n�it'--���'�'r1�a� t ill?}i�, Ef'l}llElFi7`w-��]f = that serve food o, dOOFI1-EIN'S ri3xl' .i3 i ci3it i to 1„,;1 dings of dwellings-and tl e-ff-f;e#ti-nds enol os ing them. (2)A person is guilty of pedestrian interference if, while in the a-public right-of-wLayplaee,he or she intentionally: (-^)Aggressively --=as; of Ordinance No. 20-887 Page 2 of 4 KLV7Obstructs pedestrian or vehicular traffic walking,st�iiiding. s%tl ing. lying, or placing art object iii such a rnanner- as to block passage by another i,crs«ir or' a \'cliicle that has the right-- of-N a} causin r a j2edestt=ian or vehicle operator to take. evasive action to avoid contact_; or Ioiterin,-, on the roadway or on a inedMii between tabes U1-tYUN el. ( )_PerScm s actually- cngagcd in E\•od.ca�c� 17 a development or maintenance project. including construction and maintenance workers, siirveyors, and flaeaers. within anv construction or maintenance area indicated by official traffic control devices are exempt from this prohibition on obstructing) ti-affic. (34) A person violating this section is guilty of a misdemeanor. Section 3. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this ordinance, 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 ordinance 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 ordinance 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 4. 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 5. Effective Date. This ordinance shall take effect and be in force thirty days 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, 2020. [signatures to follow] Ordinance No. 20-887 Page 3 of 4 CITY OF FEDERAL WAY: JI L,MAYO ATTEST: ftP ANIS COURTNEY; CMC, CITY CLERK APPROVED AS TO FORM: r �y J. RYAN CALL, C Y ATTORNEY FILED WITH THE CITY CLERK: 02/12/2020 PASSED BY THE CITY COUNCIL: 03/03/2020 PUBLISHED: 03/06/2020 EFFECTIVE DATE: 04/05/2020 ORDINANCE NO.: 20-887 Ordinance No. 20-887 Page 4 of 4