(A)
Except as otherwise authorized by statute, ordinance (including this chapter), and/or in writing by the Town Council, or as required by the performance of some function authorized or mandated by a statute or ordinance, no person(s) may congregate, stand, sit or lie on a public way in a manner that would intentionally obstruct or cause to be obstructed pedestrian traffic or prevent the free ingress and egress by members of the public to and from private or public buildings, memorials, parks or parking lots adjacent to or accessed by public way within the town. Also, no person may intentionally obstruct a public way within the town by placing or leaving any object(s) within the traveled portion of the public way, except as authorized by this chapter. A situation maintained in violation of this section is hereby declared to be a public nuisance and is subject to the provisions of § 96.010 herein.
(B) Exceptions.
(1) Construction. The foregoing prohibitions shall not apply to temporary obstructions caused by persons engaged in construction work on abutting property when proper warning devices are maintained in accordance with § 96.005.
(2) Limited exception for temporary sidewalk sales. Partial obstruction of a public sidewalk for a sidewalk sale is permissible only under the following conditions:
(a) The obstruction takes place only during daylight hours.
(b) The sidewalk is only partially obstructed in a manner that does not seriously inconvenience the public or threaten the public safety; in any event, a minimum four-foot width of sidewalk must be left clear and unimpeded for pedestrians. For purposes of this section, an obstruction shall be understood to include any employee(s) who occupy the sidewalk in connection with the sale.
(c) The person or entity conducting the sidewalk sale is authorized to do so by the fee owner(s) of the property on which the sale is being held.
(3) Temporary sidewalk sales may be prohibited on specific days by proclamation issued by the Mayor according to law or by resolution adopted by the Town Council.
(Ord. passed 9-17-2019; Ord. passed 6-15-2021)