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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