(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.)