HomeMy WebLinkAbout4441ORDINANCE NO. 4441
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Chapter 9.02 of
the Kent City Code to add a new Section 9.02.645,
entitled "Solicitation of occupants of vehicles on
public roadways", making it unlawful for any person
to enter or remain on an arterial roadway or a
median with the intent to conduct a solicitation of
the occupant of any vehicle traveling on or stopped
on the arterial roadway.
RECITALS
A. At many locations throughout the City, solicitors enter public
roadways and medians to make their requests and to accept their'
solicitations from the motoring public.
B. The City has a fundamental interest in maintaining traffic flow
and safety, and pedestrian solicitation from vehicle occupants disrupts traffic
flow, poses public safety risks, and has harmful secondary effects. Motor
vehicle drivers approached by pedestrians may become distracted, may stop
suddenly, or may linger at traffic control devices thereby posing a significant
risk of physical injury to themselves, other motorists, and pedestrians.
C. The distraction of motorists occasioned by solicitation not only
threatens to impede the orderly flow of traffic, but also raises serious
concerns of traffic and public safety. The City Council seeks to promote the
1 Amend KCC 9.02 Re: Solicitation of
Occupants of Vehicles on Public Roadways
City's interest in traffic flow and safety by implementing regulations on
solicitations in public places that are applicable to all people within the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Amendment - KCC 9.02.645. Chapter 9.02 of the Kent
City Code is amended to add a new Section 9.02.645, entitled 'Unlawful
solicitation of occupants of vehicles on public roadways", as follows:
Sec. 9.02.645. Solicitation of occupants of vehicles on public
roadways. It is unlawful for any person to enter or remain on an arterial
roadway or a median in the city with the intent to conduct a solicitation
directed to, or intended to, attract the attention of the occupant of any
vehicle traveling on or stopped on the arterial roadway. An offense occurs
when the solicitation is made, whether or not an actual employment
relationship is created, a transaction is completed, or an exchange of
money, goods, or services takes place.
A. Exempted conduct. The following conduct is exempt from the
prohibition in this section:
1. Summoning aid or requesting assistance in an emergency
situation;
2. Engaging in the performance of official duties, including those
performed by law enforcement officers, firefighters, emergency workers,
public works employees, or certified flaggers and construction workers; or
3. Engaging transportation licensed for hire (e.g., a taxi, shuttle,
or bus).
2 Amend KCC 9.02 Re: Solicitation of
Occupants of Vehicles on Public Roadways
B. Definitions. For purposes of this section, the following terms or words
shall be interpreted as follows:
1. "Arterial roadway" means a public roadway with a marked or
painted yellow centerline.
2. "Enter" means to cross the vertical plane of the edge of an
arterial roadway. It includes crossing the vertical plane by any part of a
person's body or any extension thereof.
3. `Goods" means real property, as well as tangible and intangible
personal property.
4. "Median" means the portion of an arterial roadway separating
the traveled ways for traffic in opposite directions.
5. "Services" means any work done for the benefit of another
person.
6. "Solicit" and all derivative forms of "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 public place.
7. "Vehicle" has the meaning given that term in RCW 46.04.670,
as currently adopted or as it may be amended in the future.
C. Penalty. A violation of or failure to comply with this section is a
misdemeanor.
SECTION 2. - Adoptions by Reference. A true and correct copy of
RCW 46.04.670, adopted and incorporated by reference in Section 1 of this
ordinance, is attached as Exhibit A.
SECTION 3. - Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
3 Amend KCC 9.02 Re: Solicitation of
Occupants of Vehicles on Public Roadways
decision shall not affect the validity of the remaining portion of this ordinance
and the same shall remain in full force and effect.
SECTION 4. - 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.
SECTIONS. - Effective Date. This ordinance shall take effect and be
in force thirty days from and after its passage as provided by law.
September 6, 2022
DANA RALPH, MAYON Date Approved
ATTEST:
kI A�' a ' September 6, 2022
KIMBERLEY KOMOTO, CITYERK Date Adopted
APPPJD\4E,D AS TO FORM:
HITE, CITY ATTORNEY
September 9, 2022
Date Published
4 Amend KCC 9.02 Re: Solicitation of
Occupants of Vehicles on Public Roadways
Exhibit A
RCW 46.04.670 Vehicle (as amended by 2019 c 170). "Vehicle"
includes every device capable of being moved upon a public highway and
in, upon, or by which any persons or property is or may be transported
or drawn upon a public highway, including bicycles. "Vehicle" does not
include power wheelchairs or devices other than bicycles moved by
human or animal power or used exclusively upon stationary rails or
tracks. mopeds are not considered vehicles or motor vehicles for the
purposes of chapter 46.70 RCW. Bicycles and motorized foot scooters
are not considered vehicles for the purposes of chapter 46.12, 46.16A,
or 46.70 RCW or RCW 82.12.045. Electric personal assistive mobility
devices and motorized foot scooters are not considered vehicles or
motor vehicles for the purposes of chapter 46.12, 46.16A, 46.29,
46.37, or 46.70 RCW. A golf cart is not considered a vehicle, except
for the purposes of chapter 46.61 RCW. (2019 c 170 § 2; 2011 c 171 §
19. Prior: 2010 c 217 § 2; 2010 c 161 § 155; 2003 c 141 § 6; 2002 c
247 § 5; 1994 c 262 § 2; 1991 c 214 § 2; 1979 ex.s. c 213 § 4; 1961 c
12 § 46.04.670; prior: 1959 c 49 § 72; prior: (i) 1943 c 153 § 1,
part; 1937 c 188 § 1, part; Rem. Supp. 1943 § 6312-1, part. (ii) 1937
c 189 § 1, part; RRS § 6360-1, part; 1929 c 180 § 1, part; 1927 c 309
§ 2, part; RRS § 6362-2, part.]
RCK 46.04.670 Vehicle (as amended by 2019 c 214). (1) "Vehicle"
((includes e Wiz)) means a device capable of being moved upon a public
highway and in, upon, or by which any persons or property is or may be
transported or drawn upon a public highway((,neiading bieye les))•
(2)_ "Vehicle" ( (deP.sRat-i=^"elude) ) excludes:
(a) A power wheelchair((&)) or device((&)) other than a
bicycle((&)) moved by human or animal power or used exclusively upon
stationary rails or tracks((£4epeds are net eensider-ed vehieles
Fne to r ..hie&) ) ;
(b) A moped, for the purposes of chapter 46.70 RCW((..—Bieyele&
are net I .d h ; 7es ) ) L
(c) A bicycle, for the purposes of chapter 46.12, 46.16A, or
46.70 RCW,_ or for RCW 82.12.045((-));
(d) An electric personal assistive mobility device((s are net
ee,siaerea vehieles or ineter veh~ eles)) L for the purposes of chapter
46.12, 46.16A, 46.29, 46.37, or 46.70 RCW((:));
(e A golf cart ((is not een6ideFed a vehiele)), except for the
purposes of chapter 46.61 RCW; and
'f) A personal delivery device as defined in RCW 46.75.010,
except for the purposes of chapter 46.61 RCW. 12019 c 214 § 7; 2011 c
171 § 19. Prior: 2010 c 217 § 2; 2010 c 161 § 155; 2003 c 141 § 6;
2002 c 247 § 5; 1994 c 262 § 2; 1991 c 214 § 2; 1979 ex.s. c 213 § 4;
1961 c 12 § 46.04.670; prior: 1959 c 49 § 72; prior: (i) 1943 c 153 §
1, part; 1937 c 188 § 1, part; Rem. Supp. 1943 § 6312-1, part. (ii)
1937 c 189 § 1, part; RRS § 6360-1, part; 1929 c 180 § 1, part; 1927 c
309 § 2, part; RRS § 6362-2, part.]
Reviser's note: RCW 46.04.670 was amended twice during the 2019
legislative session, each without reference to the other. For rule of
construction concerning sections amended more than once during the
same legislative session, see RCW 1.12.025.
Effective date--2019 c 214: See note following RCw 46.75.010.
5 Amend KCC 9.02 Re: Solicitation of
Occupants of Vehicles on Public Roadways
Intent —Effective date-2011 c 171: See notes following RCW
4.24.210.
Effective date —Intent —Legislation to reconcile chapter 161, Laws
of 2010 and other amendments made during the 2010 legislative session
—2010 c 161: See notes following RCW 46.04.013.
Legislative review-2002 c 247: See note following RCW
46.04.1695.
Mopeds
helmet required: RCW 46.37.530, 46.37.535.
motorcycle endorsement, exemption: RCW 46.20.500.
operation and safety standards: RCW 46.61.710, 46.61.720.
registration: RCW 46.16A.405(2), 46.17. 350 (l) (f) .
RCW 1.12.025 Construction of multiple amendments to statutes—
Publication—Decodification of repealed sections. (1) If at any
session of the legislature there are enacted two or more acts amending
the same section of the session laws or of the official code, each
amendment without reference to the others, each act shall be given
effect to the extent that the amendments do not conflict in purpose,
otherwise the act last filed in the office of the secretary of state
in point of time, shall control: PROVIDED, That if one or more special
sessions of the same legislature shall follow any regular session,
this rule of construction shall apply to the laws enacted at either,
both, any, or all of such sessions.
(2) If a section of the session laws or of the official code is
amended without reference to another amendment of the same section,
the code reviser, in consultation with the statute law committee, may
publish the section in the official code with all amendments
incorporated therein. The publication of the section under this
subsection shall occur only if the statute law committee determines
that the amendments do not conflict in purpose or effect. Sections so
published constitute prima facie evidence of the law but shall not be
construed as changing the meaning of any such law.
The code reviser, in consultation with the statute law committee,
may decodify a section of the official code which was repealed without
reference to an amendment to the section. The decodification of the
section shall occur only if the statute law committee determines that
the decodification does not conflict with the purpose of the
amendment. Any decision of the code reviser, in consultation with the
statute law committee, to incorporate amendments in the same section
or to decodify a section which was both repealed and amended in the
same session shall be clearly noted in the revised code of Washington.
If any conflict arises in the interpretation of a section
published or decodified under this subsection, the session law
sections shall control. [1983 c 244 § 1; 1980 c 87 § 2; 1974 ex.s. c
87 § 1; 1969 ex.s. c 240 § 1; 1955 c 162 § 1.1
6 Amend KCC 9.02 Re: Solicitation of
Occupants of Vehicles on Public Roadways
STATE OF WASHINGTON, COUNTY OF KING }
AFFIDAVIT OF PUBLICATION
PUBLIC NOTICE
Rudi Alcott, being first duly sworn on oath that he is the
Vice President of Advertising for Sound Publishing,
which publishes the
Kent Reporter
a weekly newspaper, which newspaper is a legal newspaper of general
circulation and is now and has been for more than six months prior to the date
of publication hereinafter referred to, published in the English language
continuously as a weekly newspaper in King County, Washington. The
Kent- Covington Reporter has been approved as a Legal Newspaper by order of
the Superior Court of the State of Washington for King County.
The notice in the exact form annexed was published in regular issues of
the Kent- Covington Reporter (and not in supplement form) which was regularly
distributed to its subscribers during the below stated period. The annexed
notice, a:
Public Notice #KEN963299
was published on September 23, 2022
The full amount of the fee charged for said foregoing publication is the
sum of $115.56
Rudi Alcott
Vice President, Advertising
Subscribed and sworn to me this 23rd day of September, 2022 .
JrtJnifer Tribbett, otary Public for the State of Washington, Residing in
ing, Washington
tt,ttttl Of iita,/j/
i
` l} 0 - ,
Classified Proof
CITY OF KENT
NOTICE OF PUBLIC
HEARINGS
KENT CITY COUNCIL
2023-2024 Biennial
Budget
2023-2028 Capital
Improvement Program
NOTICE IS HEREBY
GIVEN that the Kent City
Council will hold the first
public hearings to con-
sider the 2023-2024 Bi-
ennial Budget and the
2023-2028 Capital Im-
provement Program on
Tuesday. October 4.
2022. ai 7 p.m. in Coun-
cil Chambers. 220
Fourth Avenue South.
Kent, WA. 98032.
If you wish to present
testimony in person.
please sign up with the
City Clerk during the
meeting. Written public
testimony may be sub-
mitted in advance of the
meeting by regular U.S.
Mail to the City Clerk's
Office, 220 Fourth Ave-
nue South, Kent, WA.
98032, or by electronic
mail to Cityclerk@kent-
wa.gov Any advanced
written testimony must
be received no later than
4 p.m. on Tuesday. Oc-
tober 4. 2022 in order to
be considered
For further information
on the 2023-2024 Bien-
nial Budget. or the 2023-
2028 Capital Improve-
ment Program, contact
I
he Citv of Kent Finance
Department at 253-856-
5264.
Any person requiring a
disability accommoda-
tion should contact the
City Clerk's Office in ad-
vance at 253-856-5725,
For TTO relay service.
call the Washington
Telecommunications Re-
lav Service at 7-1-1,
Kimberley A. Komoto
Proofed by Jennifer Tribbett, 09/19/2022 01:28:57 pm Page: 2
Classified Proof
City Clerk
Cit CIerkCo) KentWA.gov
#963299
9123/22
Proofed by Jennifer Tribbett, 09/19/2022 01:28:57 pm Page: 3