The sidewalks and other public walkways of the City of Clarksburg, West Virginia, are places of gathering and commerce, where patrons, residents and visitor conduct business shops, sightsee, and recreate. Being in the heart of the City, these public walkways offer an array of services to support residents living nearby and those coming into the City to enjoy the urban core of the City, to include shopping, dining, art venues, courthouse services, and governmental services. Being adjacent to Washington Irving Middle School, these walkways are also impacted by students and parents in the process of drop-off/pick-up from the school. It is imperative that pedestrian flow along the sidewalks of these corridors be safe, effective, and efficient during times of heavy use. The primary purpose of a sidewalk is to provide a means of conveyance by foot. Interferences with that purpose should be minimized to the extent feasible. Sitting or lying on the sidewalks and other public walkways of the City of Clarksburg during times of heavy use poses a threat to safe pedestrian passage, especially for the elderly, disabled, vision-impaired, and small children. As there exists alternative public places in the City of Clarksburg that accommodate sitting or lying down, the Council finds it necessary and in furtherance of the public peace and good order that sitting or lying on the sidewalks and other public walkways of the City of Clarksburg be regulated in a manner that promotes safety but which preserves these areas for traditional constitutional expression and other lawful activity on sidewalks consistent with any City permitting requirements.
(Ord. 19-13. Passed 10-17-19.)
(a) During the hours between seven (7:00) a.m. and eleven (11:00) p.m., it is unlawful to sit or lie down upon a sidewalk or other public walkway within the limits of the City of Clarksburg.
(b) The prohibition of subsection (a) hereof shall not apply to any persons:
(1) Sitting or lying on a public sidewalk due to a medical emergency;
(2) Using a wheelchair, walker, or similar device as the result of a disability;
(3) Operating or patronizing a commercial establishment conducted on the public sidewalk pursuant to a sidewalk use permit;
(4) Participating in or attending a parade, festival, performance, rally, demonstration, meeting, picketing, or similar event conducted on the public sidewalk pursuant to and in compliance with a street use or other applicable permit;
(5) Sitting on a fixed chair or bench located on the public sidewalk supplied by a public agency or by the abutting private property owner;
(6) Engaging in a constitutionally protected expressive activity;
(7) Working in maintenance or construction of property within the City of Clarksburg;
(8) Sitting in line for goods or services unless the person or person’s possession impede the ability of pedestrians to travel along the length of the sidewalk or enter a doorway or other entrance alongside the sidewalk; or,
(9) Who is a child seated in a stroller.
(c) No person shall be cited under this section unless the person engages in conduct prohibited by this section after having been notified by a police officer that the conduct violates this section.
(Ord. 19-13. Passed 10-17-19.)
Upon conviction for a first offense of this section, the court shall impose a fine of not more than twenty-five dollars ($25.00). Upon conviction for a second offense of this Section, the court shall impose a fine of not more than fifty dollars ($50.00). All further violations of this section may be handled in a manner consistent with the City’s general penalty provision as provided in the Ordinances already passed by the Council.
(Ord. 19-13. Passed 10-17-19.)
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