A. Prohibited: No person shall sit or lie down upon a public sidewalk in the downtown or in zone 1 of City Plaza or on a blanket, chair, stool, or any other object placed on a public sidewalk in the downtown or in zone 1 of City Plaza. No person shall sit or lie on or in an elevated planter or public amenity located on the public right of way in the downtown or on a blanket, chair, stool, or any other object placed on or in an elevated planter or public amenity. For purposes of this section, "right of way in the downtown" includes Black Hawk Mini Park. (Ord. 08-4301, 4-14-2008; amd. Ord. 13-4554, 9-17-2013; Ord. 13-4563, 12-3-2013)
1. This prohibition shall not apply to: (Ord. 08-4301, 4-14-2008)
a. A person attending, viewing, or participating in any of the following events: Friday night concert series, Arts Fest, Jazz Fest, University Of Iowa homecoming parade, University Of Iowa River Run, Old Capitol Criterium Bicycle Race or any parade, public assembly, festival, performance or similar event cosponsored or permitted by the city of Iowa City, where crowds of people gather. This exception shall not apply to the prohibition against sitting or lying in an elevated planter. (Ord. 08-4301, 4-14-2008; amd. Ord. 13-4554, 9-17-2013)
b. A person sitting or lying down due to a medical emergency.
c. A person with disabilities using a wheelchair or similar device designed for a person with disabilities.
d. A person sitting at a sidewalk cafe. (Ord. 08-4301, 4-14-2008)
e. A person sitting on a bench. (Ord. 13-4554, 9-17-2013)
f. A person who has a temporary use of sidewalk permit, a mobile vending permit, or other permit issued by the city. (Ord. 08-4301, 4-14-2008)
g. A person lying on a bench between the hours of ten o'clock (10:00) P.M. and five o'clock (5:00) A.M.
h. A person sitting on the border of an elevated planter that is greater than twelve inches (12") in height. (Ord. 13-4554, 9-17-2013)
B. Citation: No person shall be cited under this section unless the person engages in conduct after having been notified by a peace officer that the conduct violates the City ordinance. (Ord. 08-4301, 4-14-2008)
C. Definitions:
PUBLIC AMENITY: Bench, table, trash receptacle, public art, bike rack, water spigot, kiosk, posting pillar, and pergola. (Ord. 08-4301, 4-14-2008; amd. Ord. 13-4554, 9-17-2013; Ord. 17-4692, 2-7-2017)
D. Violation: Any violation of this section shall be considered a simple misdemeanor and punished by a fine of sixty five dollars ($65.00). (Ord. 08-4301, 4-14-2008)