HomeMy WebLinkAbout6200ORDINANCE NO. 6 2 0 0
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AMENDING
SECTION 9.08.010 OF THE AUBURN CITY CODE
RELATING TO AGGRESSIVE BEGGING
WHEREAS, the City of Auburn has instituted in its criminal codes,
provisions prohibiting aggressive begging, defining that term to mean begging
activities that intimidate others or beg using false or misleading information, or
activities that are unsafe or dangerous to persons or property, or that impedes or
threatens to impede pedestrian or vehicular traffic, or begging in a manner that
exploits children, or willfully providing or delivering or attempting to deliver
unrequested or unsolicited products with a demand or exertion for payment in
return; and
WHEREAS, in connection with the aggressive begging relative to
impeding or threatening to impede pedestrian or vehicular traffic, the city has
experienced significant problems with certain locations being the site of begging
activities where individuals enter onto the roadway or cause vehicular traffic to
stop while people are traveling along the roadway, either on foot or in vehicles,
jeopardizing the safety of city streets; and
WHEREAS, in order to clarify activity that is prohibited, it is appropriate to
more fully define that activity relative to impeding or threatening to impede
vehicular or pedestrian traffic, prohibiting the activity to occur where it interferes
with the flow of traffic, occurs at a traffic control lighted intersection, where it
Ordinance No. 6200
September 26, 2008
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causes vehicles to stop and individuals to make contact with people entering or
standing on city streets other than at safe locations and at crosswalks; and
WHEREAS, aggressive begging activities contribute to excessive trash
being discarded at the location of begging activities; and
WHEREAS, in order to address the specific health and safety concerns
that have been experienced by the City, it is appropriate to amend section
9.08.010 of the City Code as set forth herein below.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. That section 9.08.010 of
the Auburn City Code be and the same hereby is amended to read as follows:
Chapter 9.08
AGGRESSIVE BEGGING
Sections:
9.08.010 Aggressive begging.
9.08.010 Aggressive begging.
A. It is unlawful for any person to engage in aggressive begging in any
public place in the city, as those terms are defined by this section.
B. As used in this section:
1. "Aggressive begging" shall mean: (a) begging with intent to
intimidate another person into giving money or goods; (b) begging with use of
false, misleading information; (c) begging with or involving activities that are
unsafe or dangerous to any person or property, or begging at locations or in a
manner that threatens the safety of persons or property, or that impedes or
threatens to impede pedestrian or vehicular traffic; (d) begging in a manner that
exploits children; or (e) 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.
2. "Begging" shall mean asking for money or goods as a charity,
whether by words, bodily gestures, signs or other means.
Ordinance No. 6200
September 26, 2008
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3. "To intimidate" shall mean to coerce or frighten into submission or
obedience, or to engage in conduct which would make a reasonable person
fearful or feel compelled.
4. "Public place" shall mean: (a) any public road, alley, lane, parking
area, sidewalk, or other publicly owned building, facility or structure; (b) any
public playground, school ground, recreation ground, park, parkway, park drive,
park path or right-of-way open to the use of the public; or (c) any privately owned
property adapted to and fitted for vehicular or pedestrian travel that is in common
use by the public with the consent, expressed or implied, of the owner or owners.
5. "Exploit" shall mean using in an unethical, selfish or abusive
manner or in any other manner that gives an unfair advantage.
6. "Impeding or threatening to impede pedestrian or vehicular traffic"
includes but is not limited to:
a. Any begging activity that causes or is likely to cause either the
person begging or the person being contacted by the person begging to enter a
roadway lane of traffic on foot, other than in a marked cross-walk;
b. Any begging activity that occurs at an intersection controlled by
lighted traffic signals, where that activity is between or involves a person or
persons located in a sidewalk or along a public roadway and a person or persons
in or on a vehicle traveling on a public roadway;
C. Any begging activity that causes or is likely to cause vehicles to
stop at locations or times where/when disruptive to or not consistent with the flow
of traffic.
C. Violation of this section shall be a misdemeanor, punishable by a
fine up to $1,000 or by a jail sentence of up to 90 days, or by both such fine and
jail time. (Ord. 5918 § 1, 2005; Ord. 5682 § 1, 2002.)
Section 2. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
Section 3. Severability. The provisions of this ordinance are
declared to be separate and severable. The invalidity of any clause, sentence,
paragraph, subdivision, section or portion of this ordinance, or the invalidity of the
application thereof to any person or circumstance shall not affect the validity of
the remainder of this ordinance, or the validity of its application to other persons
or circumstances.
Ordinance No. 6200
September 26, 2008
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Section 4. Effective date. This Ordinance shall take effect and be
in force five days from and after its passage, approval and publication as
provided by law.
INTRODUCED: OCT -6 2008
PASSED: OCT - 6 2008
APPROVED: OCT - 6 2008
-_ -CITY OF AUBURA?
PETER B. LEWIS
MAYOR
ATTEST:
an' Ile E. Daskam,
City Clerk
APPROVED AS TO FORM:
B'aniel B. Heid;
City Attorney
Published:
Ordinance No. 6200
September 26, 2008
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