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Home My WebLink About1996-007 Pedestrian Interference & Loitering ORDINANCE NO 96- 07 AN ORDINANCE relating to public safety and morals, prohibiting individuals from intentionally obstructing pedestrian and vehicular traffic and from aggressively begging; adding as a new section Section 6.70.030; and repealing Section 6.70.020, all sections of the City of Yakima Municipal Code. WHEREAS, the City of Yakima has experienced increasing incidents of intentional obstruction to pedestrian and vehicular travel by individuals congregated in the public areas of the core business district; and WHEREAS, pedestrians or those traveling by vehicle in public areas have been increasingly intimidated by individuals congregated so as to create reasonable concern for safe passage; and WHEREAS, the City of Yakima has expenenced increasing incidents of individuals intentionally intimidating other persons into giving money or goods, and WHEREAS, intentional obstruction of pedestrian or vehicular travel and aggressive begging inhibits commerce in the City of Yakima, and WHEREAS, it is in the best interest of the City of Yakima and its citizens to protect unobstructed and safe travel on its parking lots, parks, plazas, sidewalks, streets and other °\ public areas and to protect commerce from the effects of intentional pedestrian and vehicular obstruction and aggressive begging; now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA. Section 1. Section 6 70 030 of the City of Yakima Municipal Code is hereby added as a new section to the City of Yakima Municipal Code as follows. 6.70.030 Pedestrian or Vehicular Interference A. A person is guilty of pedestrian or vehicular interference if, in a public place in the City of Yakuna, he or she intentionally 1 Obstructs pedestrian or vehicular traffic; or 2 Aggressively begs. B Among the circumstances to be considered in determining whether a person intends to aggressively beg are whether that person. 1 Touches the person solicited, 2 Follows the person solicited, 3 Directs profane or abusive language toward the person solicited, 4 Uses violent or threatening gestures toward the person solicited, or 5 Persists in begging after the person solicited has given a negative response. C. The following definitions apply to Section A. (sw)ordBegging /96 Infraction • A , 1 "Obstructs,pedestrian or vehicular traffic" means to walk, stand, sit, lie or place an object in such a manner as to block passage by another person or vehicle to such an extent that evasive action is necessary to avoid physical contact. Innocent acts which merely consequentially block traffic or cause others to take evasive action, acts authorized as an exercise of one's Constitutional right to picket or to legally protest; and acts authorized by a permit issued pursuant to the Yakima Municipal Code shall not constitute an obstruction or interference with pedestrian or vehicular traffic. 2 "Aggressively beg" means to beg with the intent to intimidate another person into giving money or goods. 3 "Intimidate" means to engage in conduct which would make a reasonable person fearful or feel compelled. 4 "Beg" means to ask for money or goods as a charity, whether by words, bodily gestures, signs, or other means. 5 "Public place" means an area generally visible to public view and includes, but is not limited to, alleys, bridges, buildings, driveways, parking lots, parks, plazas, sidewalks and streets open to the general public, and doorways and entrances to buildings or dwellings accessible to the public and the grounds enclosing them D Penalties. A violation of this section is an infraction. The civil infraction penalty for a first violation of this section within a one (1) year period shall be Fifty Dollars ($50 00), for a second offense within a one (1) year period the penalty shall be One Hundred Dollars ($100 00), and for a third or • subsequent violation within a one (1) year period, the penalty shall be Two Hundred Dollars ($200 00) Section 2 Section 6 70 020 of the City of Yakima Municipal Code is hereby repealed. Section 3. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter PASSED BY THE CITY COUNCIL, signed and approved this ?3/4 day of ,1996 ATTEST i Mayor City Clerk Pubhcation Date: /- a4 -94 Effective Date, a- a (0- 96 4110 (sw)ordBegging /96 Infraction COMMUNITY VANDALISM MAILING LIST NAME TITLE ORGANIZATION Dan Arnett Legislative Chamber of Liaison Commerce Henry Beauchamp Councilmember City of Yakima Pat Berndt Mayor City of Yakima Don Blesio Police Chief City of Yakima Dan Enriquez Hispanic Chamber of Commerce Bill Flower Commissioner Yakima County Irene Gutierrez Rebound City of Yakima Manager • Rip Hollingberry. Owner Former Albertson's Building Ester Huey Executive Yakima County Director Substance Abuse Coalition Dave Hussel Streets City of Yakima Manager Bettie Ingham Commissioner Yakima County Jim Lewis Commissioner Yakima County Mary McDaniels North Central Neighborhood Association 4110 Jack McGibbon Yakima County Juvenile Court Paul Peterson Yakima County Juvenile Court • ,.. H Mary Place Community Yakima County Volunteer Accountability Board Ken Ray Yakima County • Department of Corrections Glenn Rice Assistant City City of Yakima Manager Scott Robertson General Yakima Waste Manager Systems Gene Rostvold Athletics Yakima School Coordinator District #7 Bill Schultz Transit City of Yakima Manager Jeff Sullivan County Yakima County Prosecutor John Thomas Parks & City of Yakima Recreation • Cec Vogt Executive Yakima Greenway Director Foundation Susan Woodard City City of Yakima Prosecutor Dick Zags City Manager City of Yakima • ', BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No /7 For Meeting Of 1/23/96 ITEM TITLE Pedestrian or Vehicular Interference Ordinance SUBMITTED BY Susan Woodard, City Prosecutor Don Blesio, Chief of Police CONTACT PERSON/TELEPHONE Susan Woodard, Legal 575 -6030 SUMMARY EXPLANATION The safe and unobstructed passage of pedestrians and individuals in vehicles has been increasingly subject to interference by individuals or groups of individuals in parking Tots, parks, plazas, sidewalks, streets and other public places in the city The City of Yakima has also experienced increased incidents of aggressive begging which intimidates pedestrians and others using public thoroughfares A pedestrian interference ordinance which includes an element prohibiting aggressive begging is one way to address safety issues for pedestrians The proposed ordinance is modeled after a similar City of Seattle ordinance which has been upheld by the Supreme Court of the State of Washington The only significant difference is that violations of the proposed ordinance are 0 infractions, rather than misdemeanors Designating violations as infractions enables the City to enforce this ordinance against juveniles The City would not have jurisdiction to prosecute juveniles under this ordinance if it were a misdemeanor The infraction penalties mirror those for the existing Juvenile Curfew infraction ordinance Resolution Ordinance X Contract Other (Misc Information) Funding Source N/A APPROVED FOR SUBMITTAL _. x ---- R City Manager STAFF RECOMMENDATION Enact Ordinance BOARD /COMMISSION RECOMMENDATION CommunityVandalism Committee (membership list attached) recommends enacting ordinance 0 COUNCIL ACTION