HomeMy WebLinkAboutOrd 2362 - Prohibit Soliciting in Certain Areas (Repealed by Ord 2419)
Cover page to Ordinance 2362
The full text of the ordinance follows this cover page.
Ordinance 2362 was amended or repealed by the
following ordinances.
AMENDED REPEALED
Section(s) Amended Amended by Ord # Section(s) Repealed Repealed by Ord #
2419
Ordinance No. 2362
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
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. TMC 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: 42 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
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 st 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` 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
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 G,'T 1 4 day of 0- "AI- 2011.
ATTEST /AUTHENTICATED:
Christy O'Flahe'lly, CMC, City CIO(
Ji aggerton or
APPROVED AS TO FORM BY:
SheUey'V Ker ity Attorney
Filed with the City Clerk: IL/P -11
Passed by the City Council: LL
Published:
i 1
Effective Date:
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
No Panhandling Areas
City of Tukwila Public Notice of Ordinance Adoption for Ordinances 2360 -2364.
On December 5, 2011 the City Council of the City of Tukwila, Washington, adopted the
following ordinances, the main points of which are summarized by title as follows:
Ordinance 2360: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING ORDINANCE NO. 2319, WHICH ADOPTED THE CITY OF
TUKWILA'S BIENNIAL BUDGET FOR THE 2011 -2012 BIENNIUM, TO ADOPT AN
AMENDED MID BIENNIUM BUDGET; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2361: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, RELATING TO CONTRACTING INDEBTEDNESS; PROVIDING FOR THE
ISSUi SALE AND DELIVERY OF NOT TO EXCEED $5,000,000 PAR VALUE OF
LIMITED TAX GENERAL OBLIGATION REFUNDING BONDS, 2011, TO PROVIDE THE
FUNDS WITH WHICH TO CARRY OUT AN ADVANCE REFUNDING OF THE CALLABLE
PORTION OF THE SHARE OF THE CITY'S LIMITED TAX GENERAL OBLIGATION
BONDS, SERIES 2003A ALLOCATED TO STREET IMPROVEMENTS, AND TO PAY THE
ADMINISTRATIVE COSTS OF THE REFUNDING AND THE COSTS OF ISSUANCE AND
SALE OF THE BONDS; PROVIDING FOR AND AUTHORIZING THE PURCHASE OF
CERTAIN OBLIGATIONS OUT OF THE PROCEEDS OF THE SALE OF THE BONDS
HEREIN AUTHORIZED AND FOR THE USE AND APPLICATION OF THE MONEY
DERIVED FROM THOSE INVESTMENTS; AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH U.S. BANK NATIONAL ASSOCIATION, AS REFUNDING TRUSTEE;
PROVIDING FOR THE CALL, PAYMENT AND REDEMPTION OF THE OUTSTANDING
BONDS TO BE REFUNDED; FIXING CERTAIN TERMS AND COVENANTS OF THE
BONDS; APPOINTING THE FINANCE DIRECTOR AS THE CITY'S DESIGNATED
REPRESENTATIVE TO APPROVE THE FINAL TERMS OF THE SALE AND ISSUANCE
OF THE BONDS; PROVIDING FOR SEVERABILITY; ESTABLISHING AN EFFECTIVE
DATE; AND PROVIDING FOR RELATED MATTERS.
Ordinance 2362: 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.
Ordinance 2363: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, REPEALING SECTION 2 OF ORDINANCE NO. 2323 RELATING TO THE
PROHIBITION AGAINST SOCIAL CARD ROOMS AS A COMMERCIAL STIMULANT;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2364: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AUTHORIZING AND PROVIDING FOR THE ACQUISITION OF
INTERESTS IN LAND FOR THE PURPOSE OF COMPLETING THE TUKWILA TRANSIT
CENTER PROJECT; PROVIDING FOR CONDEMNATION, APPROPRIATION, TAKING
OF LAND AND PROPERTY RIGHTS NECESSARY THEREFORE, PROVIDING FOR
PAYMENT THEREOF, AND DIRECTING THE INITIATION OF APPROPRIATE
PROCEEDINGS IN THE MANNER PROVIDED BY LAW FOR SAID CONDEMNATION,
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
The full text of these ordinances will be provided upon request.
Christy O'Flaherty, CMC, City Clerk
Published Seattle Times: December 8, 2011