ORD 20-887 - Relating to Pedestrian Interference 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