ORD 21-923 - Relating to Pedestrian Interference in ROWORDINANCE NO.21-923
AN ORDINANCE of the City of Federal Way, Washington, relating to
pedestrian interference and obstructions within public rights -of -way;
amending FWRC 6.35.030. (Amending Ordinance Nos. 20-887,15-784,
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
RC W; and
WHEREAS, the City of Federal Way is authorized to regulate public property, including
city property and parks, public rights -of -way, and all other public property within the city under
Article XI, Section 11 of the Washington State Constitution and RCW 35A.11.020; and
WHEREAS, public property and rights -of -way are intended to be used for public purposes,
including pedestrian travel, bicycle and vehicular transportation, and other public uses; and
WHEREAS, maintaining and preserving the availability of the intended use of public
property, such as sidewalks, is part of the foundational services provided to the citizens of the City
of Federal Way; and
WHEREAS, conduct that obstructs traffic, roadways, and sidewalk areas causes hazards
that interfere with and potentially jeopardize the lawful flow and safety of pedestrians, bicyclists,
and people in vehicles, impede the ability of people with disabilities to use the sidewalk, and
impact the safe and efficient ingress and egress of commercial establishments directly abutting the
public sidewalk area; and
WHEREAS, the City Council hereby finds that the requirements established by this
ordinance are in the interest in and necessary for the preservation of the public peace, health, safety,
and welfare.
Ordinance No. 21-923 Page I of 5
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. 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= Obstruction of sidewalk areas anti roadways.
(1) The following definitions apply to this section:
(a) "Roadway" has the meaning given that term in RCW 46.04.500 as currently adopted
or as it may be amended in the future.
"Sidewalk" has the same meaning eiven that term in FWRC 1.05.020 as currentl
adopted or as it may be amended in the future.
(2) A person is guilty of pedestrian interference if, while in the public right-of-way, he or she
intentionally_
U emObstructs pedestrian or vehicular traffic by walking, standing, sitting, lying, or placing
an object in such a manner that blocks, hinders or iWedes, or tends _to hinder or impede the free
and uninterrupted passage by another person or a vehicle that has the right-of-way causing or likely
to cause a pedestrian or vehicle operator to take evasive action to avoid contact;
(b) Sits or ties upon a public sidewalk, or upon a blanket, chair, :stool, or any other object
placed upon a public sidewalk except as otherwise provided by this section.
(c) Uses a bench or bus stop in such amanner that unreasonably prevents or interferes with
access to it by other members of the public or prevents or impedes pedestrian access around it; or
Ldjer-��Loiters on the roadway or on a median between lanes of travel.
(3) This section shall not apply to the followinw:
Ordinance No. 21-923 Page 2 of 5
Persons actually engaged in work upon a development or maintenance project,
including construction and maintenance workers, surveyors, and flaggers, within any construction
or maintenance area indicated by official traffic control devices are exempt from the prohibition
on obstructing traffic.-;
b AnVerson(s) who as a result of a disabilay, utilizes a wheelchair, walker, or similar
device to move about the public sidewalk;
(c) Operating or patronizing a commercial establishment conducted on the public sidewalk
pursuant to a permit issued under Chaptcr 4.25 FWRC:
(d) A person participating in or attending a parade, festival,_ performance. rall_y_,
demonstration, meeting, or similar event conducted on the public sidewalk pursuant to a permit
issued under Chgpter 4.30 FWRQ
(e) Sitting on a -public sidewalk within a bus stop zone while waiting for public or private
transportation; or
(f) Sitting on a chair or bench located on the public sidewalk, which is supplied by the city
of Federal Way or an abutting private property owner,
(4) A person violating this section is guilty of a misdemeanor. No person shall be subject to
enforcement under this section unless the person engages in conduct prohibited by this section
after having been notified by a law enforcement officer that the conduct violates this section. If
the individual fails to comply, a law enforcement officer mqy then enforce this section.
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
Ordinance No. 21-923 Page 3 of S
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. Ratification. Any act consistent with the authority and prior to the effective date
of this ordinance is hereby ratified and affirmed.
Section 6. 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 7th day of December, 2021.
[signatures to follow]
Ordinance No. 21-923 Page 4 of 5
CITY OF FEDERAL WAY:
ATTEST:
%W�"
SV-PlAANIE COURTNEY, dhlc,CITY CLERK
APPROVED AS TO FORM:
J. RYAN CALL, CITY ATTORNEY
FILED WITH THE CITY CLERK: 11/24/2021
PASSED BY THE CITY COUNCIL: 12/07/2021
PUBLISHED: 12/10/2021
EFFECTIVE DATE: 01/09/2022
ORDINANCE NO.: 21-923
Ordinance No. 21-923 Page 5 of 5