(A) No person, firm or corporation shall obstruct or hinder the public use of any public streets, lanes, alleys, sidewalks, crossings or other similar public areas. However, any person, firm or corporation may apply to the Board of Public Works and Safety in the city for permission to place a temporary obstruction upon the public ways. The Board of Public Works and Safety shall be authorized to grant this permission upon any terms, conditions, and limitations which it may see fit.
(Ord. 1869, passed 11-9-1960)
(B) (1) A person shall not stand, lie, lounge or sit (either directly or on a chair, box or other object) on any street, alley, sidewalk, curb, gutter, any public right-of-way; or in any driveway open to the public; or in any doorway, entranceway or passageway affording entrance or exit by the public into or from any building, whether the building or any establishment therein open for business or not. Nor shall a person congregate with others in such places so as to physically obstruct by his or her actions or behavior, presence or location, unimpeded passage by others.
(2) A person shall not sit, stand, lie or lounge upon, or hang upon or from the exterior of any automobile, bus, truck, motor vehicle or vehicular trailer (except in the cargo or passenger seats or compartments thereof), whether the vehicle is moving, stopped, or parked, in such a manner so as to physically obstruct by his or her actions or behavior, presence or location, unimpeded passage by others.
(3) A person shall not cause, or incite by illegal activities, arguments or disturbances, or use abusive or obscene language disturbing others within the business sections of the city.
(C) The prohibition, above, against sitting on the sidewalk shall not apply to a bona fide vendor of newspapers who has in his or her immediate possession current newspapers being offered for sale by him or her to the general public and who is not obstructing passage by others.
(D) The prohibition, above, against sitting on the sidewalk and curbs shall not apply during or immediately prior to any public parade or other public celebration at the site of such parade or celebration for which parade or celebration the proper governmental agency has granted permission.
(E) The prohibition against sitting on, or otherwise blocking, sidewalks and/or public rights-of- way shall not apply to patrons of a restaurant with a clearly established outdoor dining area, provided that patrons of a restaurant shall not have the authority to totally block the right-of-way, sidewalk, and the like, without specific permission from the Board of Public Works.
(F) The prohibition against sitting on sidewalks shall not apply to personnel of business establishments who, during a sidewalk sale for which a proper permit has been granted by the city, are sitting on chairs or benches on the sidewalk adjacent to such establishment during such sale.
(G) The Board of Public Works and Safety is empowered to suspend the provisions of this section, or particular prohibitions hereof, generally or in certain areas only, when, in connection with carnivals, public activities, and other public events, such suspension is warranted in the opinion and discretion of the Board. No such suspension shall be for a period of longer than 8 consecutive days without a separate resolution of the Board for each period.
(H) Each police officer of the city is authorized to enforce the prohibitions of this section by issuing a traffic summons to any offender seen by such officer in violation of this section. However, a violator who is not a resident in the state may be required to post bond, not to exceed $100, notwithstanding his or her written promise to appear in court.
(1979 Code, § 131.01) (Ord. 3553, passed 7-16-1984; Am. Ord. 3608, passed 1-7-1985; Am. Ord. 5042, passed 6-18-2007
) Penalty, see § 131.99
Statutory reference:
Control of streets, alleys and public places, see I.C. 36-9-2-7 and 36-1-3-9