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2610ORDINANCE NO.2610 M AN ORDINANCE CREATING CHAPTER 9.22 OFTHE MOSES LAKE MUNICIPAL CODE ENTITLED "OFFENSES AGAINST PUBLIC PEACE" THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON ORDAINS AS FOLLOWS: Section 1. Chapter 9.22 of the Moses Lake Municipal Code entitled "Offenses Against Public Peace" is created as follows: 9.22.010 Aggressive Begging (panhandling): A. No person shall engage in aggressive begging inany publicplace inthe Cityas those terms are defined by this section. B.As used in this section: 1. "Aggressive Begging"means to beg with intent to intimidateanother person into giving money or goods. 2."Begging"means to ask for money or goods as a charity,whether by words,bodily gestures,signs,or other means. 3.Intimidate"means to coerce or frighten into submission or obedience. 4."Public place"means any road,alley,lane,parking area, sidewalk,orany place,private orotherwise, adopted to and fitted forvehicularorpedestriantravelthat isincommon use by the public with the consent, expressed or implied,of the owneror owners;and any ,public playground,schoolgrounds,recreation grounds,parks,parkways,park drive,park \^_J paths,and right-of-way open to the use ofthe public. 9.22.020 Solicitation From Vehicle Occupants: A. The purpose of this section is to promote the City's fundamental interest in public peace, health,and safety by regulating acts of solicitation that occur at locations and under circumstancesspecifiedherein which posesubstantial riskstovehicular andpedestrian safety. B.Nopersonshall solicit from the occupantsof anyvehicleand be physically presentwithin or subsequently enter a prohibited roadway. C.As used in this section: 1."Enter"means to cross the vertical planeofthe edge of a prohibited roadway,itincludes crossingthe vertical plane byany part of a persons'bodyoranyextension thereof. 2."Prohibited roadway"means astate route,onramporofframpto Interstate 90,or principal arterial,and also the firstone hundred feet (100')of a roadthat intersects a state route, on ramp oroff ramp to Interstate 90,or principal arterial,as measured from the edge ofthe state route, on ramp oroff ramp to Interstate 90 or principal arterial. a. Includes any portion of a road traveled by vehicles. b. Includesthe first five feet (5')beyond the edge of a paved shoulderwhere there is no sidewalk. ORDINANCE NO.2610 Page 2 March 22,2011 c.Includes medians,which may be denoted by a physical barrier or solid yellow pavement markings. d.Excludes all sidewalks and cuts 3."Solicit"means: a. Either orally or in writing,directly or by implication,to ask, beg, request or plead for employment,goods, services,financial aid,monetary gifts,orany article representing monetary value,for any purpose. b. Either orally or in writing,to sell or offer for immediate sale goods, services, or publications. c. to distribute without remuneration goods,services,or publications. d. To solicit signatures on a petition or opinions for a survey. D.Itis not a violationof this chapter for a person to summon aid inan emergency situation. 9.22.030 Penalty:Failure to comply with the provisions of this chapter shall subject the violator to the following penalties as theyare defined in Chapter 1.08ofthiscode. Violation 1.Aggressive Begging -9.22.010 2.Solicitation from vehicle occupants -9.22.020 C-13 Section 2.This ordinance shall take effect and be inforce five (5) days after its passage and publication of its summary as provided by law. Adopted by the CityCouncil and signed by its Mayoron Penalty C-13 '2,2011 Jorrt_ane,Mayor ATTEST: ag Ronald R.Cone,Finance Director APPROVED AS TO FORM: Katherine L.Kenison,City Attorney ~ ~ ~