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A. Purpose. The purpose of this section is to provide safe and appropriate venues for constitutionally protected activity, while at the same time protecting citizens from fear and intimidation accompanying certain kinds of solicitation, promoting business and tourism, and to preserve the quality of life.

B. Definitions. For the purposes of this section, the following definitions shall apply:

1. “Automated teller machine” is a machine, other than a telephone:

a. That is capable of being operated by a customer of a financial institution; and

b. By which the customer may communicate to the financial institution to request withdrawal, deposit, transfer funds, make payment, or otherwise conduct financial business for the customer or for another person directly from the customer’s account or from the customer’s account under a line of credit previously authorized by the financial institution for the customer; and

c. The use of which may or may not involve personnel of a financial institution.

2. “Coercion” means:

a. To approach or speak to a person in such a manner as would cause a reasonable person to believe that the person is being threatened with either imminent bodily injury or the commission of a criminal act upon that person or another person or upon property in the person’s immediate possession;

b. To persist in a solicitation after the person solicited has given a negative response;

c. To block, either individually or as part of a group of persons, the passage of a solicited person;

d. To engage in conduct that would reasonably be construed as intended to compel or force a solicited person to accede to demands;

e. To use violent or threatening gestures toward a person;

f. Willfully providing or delivering, or attempting to provide or deliver, unrequested or unsolicited services or products with a demand or exertion of pressure for payment in return; or

g. To use profane, offensive or abusive language which is inherently likely to provoke an immediate violent reaction.

3. “Exterior public pay phone” means any coin or credit card reader telephone that is:

a. Installed or located anywhere on a premises except exclusively in the interior of a building located on the premises; and

b. Accessible and available for use by members of the general public.

4. “Public transportation facility” means a facility or designated location that is owned, operated, or maintained by a city, transportation authority, public transportation benefit area, regional transit authority, or metropolitan municipal corporation within the state.

5. “Public transportation stop” means an area officially marked and designated as a place to wait for a bus, a rail or light rail vehicle, or any other public transportation vehicle that is operated on a scheduled route with passengers paying fares on an individual basis.

6. “Public transportation vehicle” has the meaning given that term in RCW 46.04.355, as currently adopted or as may be amended in the future.

7. “Self-service car wash” means a structure:

a. At which a vehicle may be manually washed by its owner or operator with equipment that is activated by the deposit of money in a coin-operated machine or use of credit-card reader; and

b. That is accessible and available for use by members of the general public.

8. “Self-service fuel pump” means a fuel pump:

a. From which a vehicle may be manually filled with gasoline or other fuel directly by its owner or operator, with or without the aid of an employee or attendant of the premises at which the fuel pump is located; and

b. That is accessible and available for use by members of the general public.

9. “Solicit,” and all its derivative forms, means to ask, beg, solicit, or plead whether orally or in written or printed manner, for the purpose of immediately receiving contributions, alms, charity, or gifts or items of value for oneself or another.

C. Place of Solicitation. It is unlawful for any person to solicit another person under any of the following circumstances:

1. While a person is approaching to use, or is using, or has just finished using, an automated teller machine which shall include within twenty (20) feet of said machine;

2. At the entrance of a building, unless the solicitor has permission from the owner or occupant;

3. While a person is approaching to use, or is using, or has just finished using, a public pay telephone;

4. While a person is approaching to use, or using, or has just finished using a self-service car wash;

5. While a person is approaching to use, or is using, or has just finished using, a self-service fuel pump;

6. While a person is at a public transportation stop, or shortly after such person disembarks from a public transportation vehicle;

7. Any parked vehicle as occupants of such vehicles enter or exit such vehicle;

8. At ingress or egress between private and public property, unless the solicitor has permission from the owner or occupant;

9. In any public transportation facility or public transportation vehicle; or

10. After sunset or before sunrise.

D. Solicitation by Coercion. It is unlawful for a person to solicit by coercion.

E. Evidence. Evidence to support a conviction for a violation of this chapter may include, but is not limited to, testimony of witness, analog or electronic video recordings, and all other admissible evidence.

F. Penalties. A violation of subsection (C) of this section shall be a misdemeanor and, upon conviction thereof, a person is subject to a penalty of up to one thousand dollars ($1,000.00), jail for up to ninety (90) days, or both a fine and penalty. Violation of subsection (D) of this section shall be a gross misdemeanor and, upon conviction thereof, a person is subject to a penalty of up to five thousand dollars ($5,000.00), jailed for up to one (1) year, or both a fine and a penalty.

G. Should any paragraph, sentence, clause or phrase of this section or its application to any person or situation be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this section or its application to any other person or situation.

(Ord. 6627, Added, 05/23/2018)