A. Unlawful: It shall be unlawful for any person to sit, kneel, recline or lie down in the Central Commercial District or in the Old Colorado City Commercial District upon the surface of any public right of way, or upon any bedding, chair, stool, or any other object placed upon the surface of the public right of way, between the hours of seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M. daily and between the hours of ten o'clock (10:00) P.M. and three o'clock (3:00) A.M. on Friday and Saturday nights.
B. Definitions: For purposes of this section, the terms below shall have the following meanings:
CENTRAL COMMERCIAL DISTRICT: The area depicted on the map below, inclusive of the public rights-of-way on the border of the area.
OLD COLORADO CITY COMMERCIAL DISTRICT: The area bordered on or included within the area bordered on the north by West Pikes Peak Avenue, on the south by West Cucharras Street, on the east by 23rd Street, and on the west by 28th Street.
PUBLIC RIGHT OF WAY: Any street, sidewalk, trail, path, alley, parkway, curb, median, traffic island, or any other publicly owned property intended or used for pedestrian, recreational or vehicular travel.
C. Defense: It is an affirmative defense to a violation of this section that a person:
1. Sits, kneels, reclines or lies down upon the public right of way due to a medical emergency.
2. As a result of a medically confirmable disability, utilizes a wheelchair, walker or other similar mobility supporting device to move about the public right of way.
3. Is operating or patronizing a commercial establishment located in the public right of way pursuant to any permit or license issued by the City.
4. Sits or kneels on the public right of way when attending a parade, festival, performance, rally, demonstration, meeting, or similar special event conducted in the public right of way pursuant to any permit or license issued by the City.
5. Sits upon an object intended for sitting in the public right of way furnished by the City or by any other public agency.
6. Sits upon a public sidewalk at or near a transit stop while waiting for public transportation.
D. Notification By Law Enforcement: No law enforcement officer shall issue a citation, make an arrest or otherwise enforce this section against any person unless the person engages in conduct prohibited by this section after having first been notified by a law enforcement officer that the conduct violates this section.
E. Penalties:
1. Upon conviction for a first offense for violating this section, the court shall impose a fine of not more than five hundred dollars ($500.00), or a sentence of probation, or both.
2. Upon conviction for a second or subsequent offense for violating this section, the court shall impose a fine of not more than five hundred dollars ($500.00), or imprisonment in jail for a period of not more than ninety (90) days, or a sentence of probation, or by a combination of fine, imprisonment, and a sentence of probation. (Ord. 16-13; Ord. 22-07)