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HomeMy WebLinkAbout4120 OrdinanceORDINANCE NO. 1 (2-6 AN ORDINANCE of the City of Pasco, Washington, creating a new Section 9.44.060 "Solicitation to Occupants of Vehicles in Public Roadways Prohibited." WHEREAS, the City of Pasco has received complaints regarding solicitations on City streets which poses a significant distraction to passing motorists, posing a risk to the driving public; and WHEREAS, soliciting pedestrians within the roadway poses significant risk of injury to the pedestrian as well as traffic accidents resulting from avoiding the pedestrian or the slowing or stopping of vehicles within the roadway; and WHEREAS, the regulation of such conduct is necessary to provide for the health and safety of the citizens using the roadways and sidewalks of the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That a new Section 9.44.060 entitled "Solicitations to Occupants of Vehicles on Public Roadways Prohibited" of the Pasco Municipal Code, shall be and hereby is created and shall read as follows: 9.44.060 SOLICITATIONS TO OCCUPANTS OF VEHICLES ON PUBLIC ROADWAYS PROHIBITED. A) It is unlawful for any person to enter upon or stand within the public roadway or, while occupying any sidewalk or public property adjacent to a public roadway within the City, to knowingly conduct a solicitation directed to, or intended to attract the attention of, the occupant of any vehicle traveling on or stopped on the roadway, unless there is a parking lane adjacent to said roadway and the vehicle is lawfully parked. An offense occurs when the solicitation is made, whether or not an actual transaction is completed, or an exchange of money, goods, or services takes place. B) For the purpose of this section, "solicitation" shall mean any conduct or act whereby a person: 1) Either verbally or in writing, requests employment, goods, services, financial aid, monetary gift, or any article representing monetary value, for any purpose; 2) Either verbally or in writing, sells or offers for immediate sale, goods, services, or publications; 3) Distributes without remuneration goods, services, or publications; or Ordinance Creating Section 9.44.060 — Page 1 4) Solicits signatures on a petition or opinion for a survey. C) For the purpose of this section, "roadway" shall mean that portion of any City street, avenue or road improved or designed, for ordinary use for vehicular traffic, exclusive of the sidewalk or shoulder. In the event a City street, avenue, or road includes two or more separate roadways, the term "roadway" shall refer to any such roadway separately, but shall not refer to all such roadways collectively. D) Exceptions. Exempt from the provisions of this section are actions: 1) Summoning aid or requesting assistance in a bonafide emergency situation. 2) Law enforcement officers, public works or utility workers in the performance of official duties. 3) Engaging transportation licensed for hire. 4) Advertising by licensed businesses in a manner not prohibited by PMC Title 17 (Sign Code) within the City upon sidewalks near the business for transaction or services that are not occurring within the roadway or sidewalk. 5) Solicitations by a bonafide charitable, nonprofit, or educational institution for transactions or services that are not occurring within the roadway or sidewalk, but at a nearby parking lot or other similar premises where the transaction shall occur. E) Penalty. A violation of this section is a misdemeanor. Section 2. This Ordinance shall take full force and effect five (5) days after its approval, passage, and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this & day of 2013. Matt Watkins, Mayor A st 0 0_0 De bie Clark, City erk Appr ed a to Form: Leland B. Kerr, City Attorney Ordinance Creating Section 9.44.060 — Page 2