Title 10 Regulation of Activities

Division I. Penal Code

Chapter 10.10 Offenses Against Peace and Order

1. Consistent with the findings of other Washington State cities, the city council finds that it is important to the general welfare of the citizens and residents of the City to protect and preserve the public safety of pedestrians and to insure the safe and efficient movement of pedestrian and vehicular traffic in public places. The city council further finds that public places as defined in this section serve the primary purpose of enabling pedestrian and vehicular traffic to safely and efficiently move about from place to place and that public places in the urban core have become increasingly congested and should be maintained to serve their primary purpose. Spokane, as well as other cities in Washington, has experienced an increase in the number of incidents of aggressive solicitation by individuals towards pedestrians and that pedestrian interference in public places deteriorates from the primary purpose and threatens public health, safety and welfare. The City has a compelling interest in protecting its citizens from threatening, intimidating or harassing behavior caused by aggressive solicitations, in preserving the quality of life in its urban center and in protecting and preserving the public health, safety and welfare.
    

2. The following definitions apply in this section:

   1. “Aggressively solicit” means to solicit anything of value and intentionally engage in conduct that would likely intimidate a reasonable person, including but not limited to touching, following, persistently soliciting anything of value after being refused, using violent or threatening language or gestures, or taking similar actions for the purpose of inducing another person into giving anything of value regardless of the solicitor’s purpose.

   2. “Intimidate” means to engage in conduct which would make a reasonable person fearful of imminent harm to his person or property or feel threatened.

   3. “Obstruct pedestrian or vehicular traffic” means to intentionally walk, stand, sit, lie, or place an object in such manner as to obstruct or impede, or a person of ordinary sensibilities would conclude it tends to obstruct or impede, the free passage of pedestrians and/or vehicles through the area; or that requires, or would require, evasive action by a pedestrian and/or vehicle to avoid physical contact.

      1. If the impediment or obstruction is caused by the size of a particular group of persons, all persons within the group are equally subject to this section.

      2. Acts committed as a valid exercise of one’s constitutional rights, which incidentally interferes with pedestrian or vehicular traffic in order to exercise that right, or acts authorized by a special events permit or an obstruction permit issued pursuant to SMC 11.02.03458(D), SMC 12.02.0706, or SMC 12.02.0730 do not constitute obstruction of pedestrian or vehicular traffic.

   4. “Public place” means an area generally open to the public 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 doors and entrances to buildings or dwellings and the grounds enclosing them.

   5. Solicit” and all derivative forms of “solicit” means to ask, beg, or plead whether orally, non-verbally or in a written or printed manner, for the purpose of immediately receiving contributions, alms, charity, or gifts of items of value for oneself or another person.
       

3. A person is guilty of interference with pedestrian or vehicular traffic if, in a public place, the person intentionally:

   1. obstructs pedestrian or vehicular traffic, or

   2. aggressively solicits.
       
4. Interference with pedestrian or vehicular traffic is a misdemeanor.
    
5. The provisions of this section are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, section, or portion of this section, or the invalidity of the application thereof to any person or circumstance does not affect the validity of the remainder of this section, or the validity of its application to other persons or circumstances.

Date Passed: Monday, November 24, 2008

Effective Date: Saturday, January 10, 2009

ORD C34337 Section 1