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
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De bie Clark, City erk
Appr ed a to Form:
Leland B. Kerr, City Attorney
Ordinance Creating Section 9.44.060 — Page 2