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Home My WebLink AboutReg 2011-12-05 Item 5G - Ordinance - Solicitation in Certain AreasCOUNCIL AGENDA SYNOPSIS CAS Nu Initials ITEM NO. Meeting Date Prepared by Mayor's review Couniil review 11/28/11 SK 5 G 12/05/11 SK �,�L]f_�l. ITEM INFORMATION S'1,\FF SPONSOR: SHELLEY KERSLAKE OIZIGIN.U_AGI %ND,\ D \1'I3: 11/28/11 Enactment of an ordinance prohibiting solicitation in certain areas and under certain circumstances. Discussion Motion Resolution Ordinance Bid Award Public Hearing Other lltg Date 11/28/11 A7tg Date Mtg Date Mt g Date 1215111 Mt ,g Date Mtg Date tlltg Date SPC)NSOR Council lVLayor HR DCD Finance Fire IT P &R Police P1V SPO NSOWS This ordinance would address many complaints received by the City regarding SI',`- 11V1: soliciting/ panhandling in the urban center and along Tukwila International Boulevard. The ordinance restricts some solicitation activity while still leaving open some parts of the City for this activity. lip cow Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 11/14/11 COMMITTEE CHAIR: S EAL RECOMMENDATIONS: SPONSOR /Ai)MIN. City Attorney /City Council C<�'Mm"I I l',r, Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE Etl'I,ND1 "1'UKl? RI?( iRim AMOUNT BUDGETED APPROPRIATION REQUIRED $0 Fund Source: Connnnents: MTG. DATE I RECORD OF COUNCIL ACTION 11/28/11 1 Forward to next Reqular Meetinq I MTG.DATEI ATTACHMENTS 11/28/11 I Informational Memorandum dated 11/16/11 Draft Ordinance City of Tacoma Ordinance requested by the Community Affairs and Parks Committee Minutes from the Community Affairs and Parks Committee meeting of 11/14/11 12/05/11 Ordinance in final form RTA C I O ty of Tukwila Washington AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING NEW REGULATIONS RELATED TO SOLICITING IN CERTAIN AREAS, TO BE CODIFIED IN TUKWILA MUNICIPAL CODE CHAPTER 8.29; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council finds that soliciting in certain places and circumstances has a detrimental effect on the creation of a safe environment in the City; and WHEREAS, there is an increase in solicitation in the City, specifically along Tukwila International Boulevard, in the Tukwila Urban Center, along on- and off -ramps and other public right -of -way, and at automated teller machines and outdoor patios that interfere with or potentially jeopardize the safety of citizens and pedestrians or vehicular traffic; and WHEREAS, the current provisions of the Tukwila Municipal Code do not regulate solicitation activity that involves safety concerns for people and vehicular traffic; and WHEREAS, it is appropriate to regulate soliciting in certain areas and under certain circumstances to assist law enforcement officials in protecting the public health, welfare, and safety of citizens; and WHEREAS, the City Council believes it is important to protect citizens from the fear and intimidation accompanying certain kinds of solicitation, to promote tourism and business, and to preserve the quality of urban life, while providing safe and appropriate venues for this constitutionally protected activity; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Regulations Established. Tukwila Municipal Code (TMC) Chapter 8.29, "Soliciting in Certain Areas Prohibited," is hereby established to read as follows: W: Word Processing \Ordinances \Soliciting prohibited in certain areas 11 -29 -11 SK:bjs Page 1 of 4 i CHAPTER 8.29 SOLICITING IN CERTAIN AREAS PROHIBITED Sections: 8.29.010 Purpose 8.29.020 Definitions 8.29.030 Soliciting prohibited 8.29.040 Exemption 8.29.050 Penalty for violation Section 2. TMC Section 8.29.010 is hereby established to read as follows: 8.29.010 Purpose. The purpose of this chapter is to provide for the free flow of pedestrian and vehicular traffic on streets and sidewalks in the City, to promote tourism and business, and to preserve the quality of urban life. Solicitation in proximity to automated teller machines and outdoor patios where food and beverage are served is inherently intimidating and should be restricted. By this legislation, the City Council intends to promote the health, safety, and welfare of the citizens of and visitors to the City of Tukwila. Section 3. TiVIC Section 8.29.020 is hereby established to read as follows: 8.29.020 Definitions. For the purposes of this chapter, the following words and phrases shall have the meaning ascribed to them in this section: 1. "Automated teller machine" means a device linked to a financial institution's account records that is able to carry out transactions including, but not limited to, account transfers, deposits, cash withdrawals, balance inquiries, and mortgage and loan payments. 2. "Automated teller machine facility' means the area comprised of one or more automated teller machines, and any adjacent space that is made available to banking customers after regular banking hours. 3. "Prohibited zones" means the following areas (see Figure 1): a. Tukwila International Boulevard: 1) Northern Boundary: S. 139 St. on the east side of Tukwila International Boulevard and S. 140 St. on the west side of Tukwila International Boulevard. 2) Eastern Boundary: 42n Ave. S. from S. 139 St. to State Route 518 (SR 518). 3) Southern Boundary: SR 518 from 42 Ave. S. to International Blvd. W: Word Processing \Ordinances \Soliciting prohibited in certain areas 11 -29 -11 88 sK:bjs Page 2 of 4 4) Western Boundary: The western boundary of the Tukwila Link Light Rail (Tukwila International Boulevard) Station property continuing to the north along International Blvd. to S. 152 St., continuing to the west along S. 152 St. to Military Rd. S., continuing to the north along Military Rd. S. to 34 Ave. S., continuing to the north along 34 Ave. S. to S. 144 St., continuing to the east along S. 144 St. to 37 Ave. S., continuing to the north along 37 Ave. S. to S. 140 St., continuing to the east along S. 140 St. to Tukwila International Boulevard, and continuing to the north along Tukwila International Boulevard to S. 139 St. b. Tukwila Urban Center: The area bounded by Southcenter Blvd. on the north, West Valley Highway on the east, S. 180 St. and S. 178 St. on the south, and 1 -5 and Klickitat Dr. /51 Ave. S. on the west (including all on -ramps and off -ramps to 1 -5, 1 -405, and SR 518). 4. "Public right -of -way' means, without limitation, public streets, state routes and interstate highways (including, but not limited to on- and off ramps), sidewalks, alleys, and driveways. 5. "Solicit", "soliciting" and "solicitation" mean, without limitation, use of the spoken, written, or printed word, or to perform such other acts or bodily gestures, to further the purpose of immediately obtaining money or any other thing of value. Section 4. TMC Section 8.29.030 is hereby established to read as follows: 8.29.030 Soliciting prohibited. It shall be unlawful for any person to solicit: 1. From any occupant of a motor vehicle that is on a public right -of -way; 2. Within the prohibited zones; 3. Within 20 feet of an outdoor patio where food and /or drinks are served; or 4. Within 20 feet of an automated teller machine or an entrance or exit to an automated teller machine facility during the time the automated teller machine is available for customer use. Section 5. TMC Section 8.29.040 is hereby established to read as follows: 8.29.040 Exemption. It shall not be unlawful to engage in solicitation from any occupant of a motor vehicle that is on a public right -of -way at the intersection of Strander Blvd. and Andover Park West on the 3 rd Saturday in August and the 4 th Saturday in September. W: Word Processing \Ordinances \Soliciting prohibited in certain areas 11 -29 -11 SK:bjs Page 3 of 4 M Section 6. TMC Section 8.29.050 is hereby established to read as follows: 8.29.050 Penalty for violation. Violation of any terms of this chapter shall constitute a misdemeanor, and any person convicted of such offense shall be punished by a fine of up to $1,000 and /or imprisonment for a term not to exceed 180 days. Section 7. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. Section 8. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 9. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 1 2011. ATTEST /AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk Jim Haggerton, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Shelley M. Kerslake, City Attorney Ordinance Number: Attachment: Figure 1, "No Panhandling" Areas W: Word Processing \Ordinances \Soliciting prohibited in certain areas 11 -29 -11 SK:bjs Page 4 of 4 0 FIGURE 1 S St 141 st Cn S 142nd. St 143rd St cn LO J 4th St S 146th St S 148th St co S 150th St S 151 St 8i cn 152nd St cp Blvd 175 �nd P/ 0 qO S 156th St S 158th St a 1 01 11111di minim 1`1111011c— S 160th St S 164th' 8t reckbe CL Minkler BI City of Tukwila Midland tostco Dr Streets S 180th 9t CO "No Panhandling" Areas low 10 1 114h W ;City Limits