HomeMy WebLinkAboutO-2887 - Amends Ch. 6.37, pedestrian interference – coercive solicitation (6.37)CITY OF MARYSVILLE
Marysville, Washington
ORDINANCE ~ <li/1
AN ORDINANCE OF THE CITY OF MARYSVILLE, WASHINGTON,
AMENDING MARYSVILLE MUNICIPAL CODE CHAPTER 6.37
RELATING TO COERCIVE SOLICIATION; PROVIDING FOR
SEVERABILITY AND EFFECTIVE DATE.
WHEREAS, coercive solicitation causes fear and intimidation upon citizens, and harms
tourism and businesses; and
WHEREAS, the City of Council believes that it is important to protect the citizens of
Marysville from fear and intimidation accompanying coercive solicitation, to promote tourism and
business and to preserve the quality of urban life while providing safe and appropriate venues for
constitutionally protected activities.
NOW THEREFORE, the City Council of the City of Marysville, Washington do ordain as
follows:
Section 1. MMC Chapter 6.37 entitled "PEDESTRIAN INTERFERENCE" is hereby amended
to be entitled "PEDESTRIAN INTERFERENCE -COERCIVE SOLICITATION" and to read as
follows:
Chapter 6.37
PEDESTRIAN INTERFERENCE -COERCIVE SOLICITATION
Sections:
6.37.010 Purpose Pedestrian interference.
6.37.020 Definitions Penalty
6.37.030 Pedestrian interference
6.37.040 Coercive Solicitation -Prohibited
6.37.0510 Penalty.
6.37.010 Purpose.
The purpose of this chapter is to regulate and punish acts ofcoercive and aggressive begging,
and acts of begging that occur at locations or under circumstances specified herein which
create an enhanced sense of fear or intimidation in the person being solicited, or pose risk to
traffic and public safety.
6.37.020 Definitions.
The following definitions apply in this chapter:
(1) "Aggressively beg" means to beg with the intent to intimidate or coerce another
person into giving money or goods.
(2) "Coerce" or "Coercive" means to do any of the following with intent:
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Ca) To approach, speak or gesture to a person in such a manner as would cause a
reasonable person to believe that the person is being threatened with a commission of
a criminal act upon the person, another person or property in the person's possession.
Cb) To approach within I foot of a person for the purpose of making a solicitation
without obtaining said person's initial consent; or
Cc) To persist in a solicitation after the person solicited has given a negative
response; or
Cd) To block the passage of a person, pedestrian traffic, a vehicle or vehicular traffic
while making a solicitation; or
Ce) To engage in conduct that would reasonably be construed as intended to compel
or force a person being solicited to accede to demands; or
(f) To make any false or misleading representation in the course of making a
solicitation.
(3) "Intimidate" means to engage in conduct which would make a reasonable person
fearful or feel compelled.
(4) "Beg" means to ask for money or goods as a charity, whether by words, bodily
gestures, signs, or other means.
(5) "Obstruct pedestrian or vehicular traffic" means to walk, stand, sit, lie, or place an
object in such a manner as to block passage by another person or a vehicle, or to require
another person or a driver of a vehicle to take evasive action to avoid physical contact.
Acts authorized as an exercise of one's constitutional right to picket or to legally protest,
and acts authorized by a pennit issued pursuant to Chapters 12.08 or 12.28 MMC, shall
not constitute obstruction ofpedestrian or vehicular traffic.
(6) "Public place" means an area generally visible to public view 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 doorways and entrances to buildings or dwellings and the grounds enclosing them.
(7) "Solicitation" for the purposes of this chapter is any means of asking, begging,
requesting, or pleading made in person, orally or in a written or printed manner, directed
to another person, requesting an immediate donation of money, contribution, alms,
financial aid, charity, gifts of items or service of value, or the purchase of an item or
service for an amount far exceeding its value, under circumstances where a reasonable
person would understand that the purchase is in substance a donation.
6.37.030 Pedestrian Interference.
A person is guilty of pedestrian interference if, in a public place, he or she intentionally:
(l) Obstructs pedestrian or vehicular traffic; or
(2) Aggressively begs.
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6.37.040 Coercive Solicitation -Prohibited.
It shall be unlawful for a person to make coercive solicitation.
6.37.050 ~ Penalty.
Pedestrian Interference is a misdemeanor. Coercive Solicitation is a misdemeanor. Any
person violating this chapter shall be punished by a fine not to exceed $1,000.00 500.00 or by
imprisonment and jail for not more than six months 90 days or by both such fine and
imprisonment.
Section 2. SeverabiJitv. If any section, subsection, sentence, clause, phrase or word of this
ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other
section, subsection, sentence, clause, phrase or word of this ordinance.
Section 3. Effective Date. This ordinance shall become effective five days after the date of its
publication by summary.
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PASSED by the City Council and APPROVED by the Mayor this ---4-...,I-_day of---'-'"-~=tj012.
CITY OF MARYSVILLE
ATTEST:
Approved as to form: f)
By.D~c-(}.JLJJe
Grant Weed, City Attorney
Date of Publication: ,Feb8UfdL1 Ie;, "LVI L
Effective Date (5 days after publication): r bl{yti-tL~O) ZU I t
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