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(1) It is unlawful for any person to enter upon or stand within the public roadway or, while occupying any sidewalk or public property adjacent to a public roadway within the City, to knowingly conduct a solicitation directed to, or intended to attract the attention of, the occupant of any vehicle traveling on or stopped on the roadway, unless there is a parking lane adjacent to said roadway and the vehicle is lawfully parked. An offense occurs when the solicitation is made, whether or not an actual transaction is completed, or an exchange of money, goods, or services takes place.

(2) For the purpose of this section, “solicitation” shall mean any conduct or act whereby a person:

(a) Either verbally or in writing, requests employment, goods, services, financial aid, monetary gift, or any article representing monetary value, for any purpose;

(b) Either verbally or in writing, sells or offers for immediate sale, goods, services, or publications;

(c) Distributes without remuneration goods, services, or publications; or

(d) Solicits signatures on a petition or opinion for a survey.

(3) For the purpose of this section, “roadway” shall mean that portion of any City street, avenue or road improved or designed for ordinary use for vehicular traffic, exclusive of the sidewalk or shoulder. In the event a City street, avenue, or road includes two or more separate roadways, the term “roadway” shall refer to any such roadway separately, but shall not refer to all such roadways collectively.

(4) Exceptions. Exempt from the provisions of this section are actions:

(a) Summoning aid or requesting assistance in a bona fide emergency situation.

(b) Law enforcement officers, public works or utility workers in the performance of official duties.

(c) Engaging transportation licensed for hire.

(d) Advertising by licensed businesses in a manner not prohibited by PMC Title 17, Sign Code, within the City upon sidewalks near the business for transactions or services that are not occurring within the roadway or sidewalk.

(e) Solicitations by a bona fide charitable, nonprofit, or educational institution for transactions or services that are not occurring within the roadway or sidewalk, but at a nearby parking lot or other similar premises where the transaction shall occur.

(5) Penalty. A violation of this section is a misdemeanor. [Ord. 4120, 2013; Code 1970 § 9.44.060.]