The purpose of this article is to prohibit, subject to exceptions, persons from sitting or lying on public sidewalks in areas zoned for commercial and business activities.
The council finds:
(1) Public sidewalks in areas zoned for commercial and business activities are created and maintained for the primary purposes of enabling pedestrians to safely and effectively move about from place to place, facilitating deliveries of goods and services, and providing convenient access to entertainment, goods, and services;
(2) Sitting or lying down is not the customary use of the public sidewalks. Persons who sit or lie down on public sidewalks impede and deter others from using the sidewalks; thus, they discourage residents and visitors from walking to get from place to place and accessing local shops, restaurants, and businesses, and interfere with the delivery of goods and services;
(3) The need to maintain pedestrian and commercial traffic is greatest during the hours of operation of businesses, shops, restaurants, and other commercial enterprises when public sidewalks are congested. Persons who sit or lie down on public sidewalks during business hours threaten their own safety and the safety of pedestrians, especially the elderly, disabled, vision-impaired, and children, who are put at increased risk when they must avoid and navigate around persons unexpectedly sitting or lying upon the public sidewalk;
(4) The prohibition against sitting or lying on public sidewalks set forth in this article leaves intact the individual’s right to speak, protest, or engage in other lawful activity on any sidewalk consistent with the individual’s free speech rights. In addition, the prohibition contains exceptions for medical emergencies, and expressive activities, among others;
(5) There are a number of places where the restrictions of this article do not apply, including private property, plazas, public parks, and other common areas open to the public, that do not unduly interfere with the safe flow of pedestrian traffic, impair commercial activity, or threaten public safety;
(6) The council acknowledges that there are reasons why one might sit or lie on a public sidewalk. The city has offered and continues to offer services to those engaged in sitting or lying on the sidewalk who appear to be in need, or to those who request service assistance. However, in many cases, these persons refuse such services or continue the conduct despite the accessibility of these services. The city will continue to invest in services for those in need and to make efforts to maintain and improve safety on public sidewalks for everyone. A law enforcement officer may not issue a citation to a person for a violation of this article without first warning the person that sitting or lying down on a public sidewalk is unlawful;
(7) Present laws that prohibit the obstruction of sidewalks do not adequately address the safety hazards, disruption and deterrence to pedestrian traffic or impairment of commercial activity caused by persons sitting or lying on the public sidewalks in areas zoned for commercial and business activities; and
(8) Pedestrians are discouraged from using public sidewalks if persons are sitting or lying down on the unpaved public property immediately abutting the public sidewalk, and pedestrians often use this expanded sidewalk area as an extension of the sidewalk, to walk and move from place to place. Pedestrian traffic is impeded when persons sit or lie down on these expanded sidewalk areas, deterring persons from accessing and using the sidewalks, and discouraging persons from walking as a means of transportation.
(1990 Code, Ch. 29, Art. 15A, § 29-15A.1) (Added by Ord. 14-35; Am. Ord. 15-14)