(A) Based on findings that the presence of persons in repose upon or against, and the presence of persons within, the open recesses, entry ways and covered walkways of, structures which are contiguous to public ways, without the express permission of the structure occupant for access, during hours when the structure is closed to entry by the occupant’s clientele for the conduct of business, contributes to obstruction and littering of public ways, contributes to violation of the tobacco derivatives use prohibition of § 93.02 of this chapter, contributes to violations of the prohibition against obstruction of pedestrian public ways of § 151.02 of this chapter causes persons to apprehend that the use of the affected public ways poses a threat to their personal safety and property and contributes to a general decline of the core business district of the town, with consequent greater costs of providing public services and decline of tax revenues which fund such services, the conduct described in this section is hereby declared to be a public nuisance, subject to imposition of civil penalties and deserving of priority enforcement by the public safety personnel of the town; provided, however, no act, failure to act or conduct which is protected by the Constitution of the United States or the Constitution of the state shall be made a civil violation by the provisions of this section.
(B) No person shall repose in, upon or against the pediments, walls, windows and other openings or projections of a structure, or under the covered walkway of structures, which are contiguous to public ways, without the express permission of the structure occupant, during hours when the structure is closed to entry by the occupant’s clientele.
(C) Except for passage on or along a public way, no person shall occupy the recesses, offset spaces, entry ways and covered walkways of structures, which are contiguous to public ways.
(Prior Code, Title III, Ch. XIII, Art. V) (Ord. passed 7-12-2000) Penalty, see § 151.99