HomeMy WebLinkAbout4146ORDINANCE NO. 717(0
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending section
9.02.190 of the Kent City Code, entitled
")isorderly Conduct," to replace references to
"begging" with references to "solicitation."
RECITALS
A. The City of Kent prohibits aggressive begging in its disorderly
conduct ordinance found in KCC 9.02.190.A.4. KCC 9.02.190.6.2.
provides that "beg" means "to ask for money or goods as a charity,
whether by words, bodily gestures, signs, or other means."
B. Courts have determined that begging is a form of speech
entitled to constitutional protection. Recent out of state cases have
addressed local laws enacted to curb begging. Some courts have found
that by specifically limiting begging, local laws unfairly restrict a class of
persons or speech based on the speech's content, while permitting others
to freely contact citizens in public forums with requests e.g. for signatures,
customers, or support for political causes.
C. In light of these recent cases, the Law Department suggests
amendments to KCC 9.02.190 to change "aggressively beg" to
"aggressively solicit".
1 Amend KCC 9.02.190—
Disorder/y Conduct
D. "Solicit" is defined in Webster's Third New International
Dictionary (unabridged) (1993) to include: "to make peon to: entreat,
importune", "to approach with a request or plea", "to endeavor to obtain
by asking or pleading", "to seek to affect". "Solicitation" is defined in
Black's Law Dictionary, 7t" Ed. (1999) as "[t]he act or an instance of
requesting or seeking something; a request or petition."
E. By proscribing aggressive solicitation, as opposed to singling
out the speech or conduct involved with begging, KCC 9.02.190 will be less
prone to a constitutional challenge.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION Y. Amendment. Chapter 9.02.190 of the Kent City Code,
entitled, "Disorderly Conduct," is hereby amended as follows:
Sec. 9.02.190. Disorderly conduct.
A. A person is guilty of disorderly conduct if he or she:
1. Uses abusive language and thereby intentionally creates a
risk of assault;
2. Intentionally disrupts any lawful assembly or meeting of
persons without lawful authority;
3. Intentionally obstructs pedestrian or vehicular traffic without
lawful authority; or
4. Aggressively �s solicits in a public place.
B. The following definitions shall apply in this section:
1. Aggressively �s solicit means to solicit f�—and engage in
conduct that would likely intimidate a reasonable person, including
2 Amend KCC 9.02.190—
Disorderly Conducf
touching, following, persistently soliciting be +tom after being refused,
using violent or threatening language or gestures, or taking similar actions
for the purpose of inducing another person into giving n9eney orgoods,
services, money, signatures, or any other item, tangible or intangible,
sought by the solicitor.
y words, bedily gestwre., Or ether mean -s.
23. Lawful authority includes but is not limited to oral permission,
or a permit or license when issued by a person or entity with authority to
issue the permission, permit, or license, or a court order or authorization
issued by a court of proper jurisdiction.
34. Obstruct pedestrian or vehicular traffic means to walk, stand,
it, lie, grasp a person, 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, and
shall also include action which is intended to prohibit or delay vehicular or
pedestrian traffic from entering a public or private places provided, that an
act which is specifically authorized by a state or federal court with
jurisdiction and which has been determined by the court to be a valid
exercise of one's right to picket or legally protest shall not constitute
obstruction of pedestrian or vehicular traffic.
4,5. 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 places
that serve food or drink or provide entertainment, and the doorways and
entrances to buildings or dwellings and the grounds enclosing them.
5ff Solicit means to request, petition, or seek something from
another person, or persons, or business or businesses, by words, physical
gestures, or written or symbolic signs or displays in a public4efum place.
C. Disorderly conduct is a misdemeanor.
3 Amend KCC 9.02.190—
Disorderiy Conduct
SECTION 2, - Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this
ordinance and the same shall remain in full force and effect.
SECTION 3. -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; ordinance, section, or subsection numbering;
or references to other local, state or federal laws, codes, rules, or
regulations.
SECTION 4. -Effective Date. This ordinance shall take effect and
be in force thirty (30) days from and after its passage and publication, as
provided by law.
ATTEST:
NALD F.�'100
CITY C
APPROVED AS TO FORM :
BRUBAKER, CITY ATTORNEY
Amend KCC 9.02.190—
Disorder/y Conduct
PASSED: day of r®/ , 2015.
APPROVED. day of �^s� , 2015.
PUBLISHED: day of _//� , 2015.
I hereby certify that this is a true copy of Ordinance No.
passed by the city council of the city of Kent, Washington, and approved
by the Mayor of the city of Kent as hereon indicated;
rgcmmommaoce�e.ox.tso otssordady cane��.aa«
.� . L, Ciw CLERK
5 Amend KCC 9.02.190—
Disorderly Conduct