561.02 PROHIBITION.
   (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.)