A. Prohibition: No person shall sit or lie down upon, or place a blanket, sleeping bag, back pack, chair mattress, couch, stool, or any similar equipment, item, or furniture upon a public sidewalk, or any portion of the public right-of-way, whether improved or unimproved, in the area identified in Exhibit A to Ordinance 2021-1088.
B. Exceptions: The prohibitions in subsection A of this section shall not apply to any person:
1. Temporarily sitting or lying down on a sidewalk due to a medical emergency;
2. Who, as the result of a disability, utilizes a wheelchair, walker, or similar device to move about the public sidewalk;
3. Operating of patronizing an activity on the public sidewalk or public right-of-way pursuant to a City issued permit for the activity; or a person participating in or attending a parade, festival, performance, rally, demonstration, meeting, or similar event conducted on the public sidewalk pursuant to a street use or other applicable permit issued by the City.
Nothing in any of these expectations shall be construed to permit any conduct which is prohibited by any City ordinance or regulation.
C. No person shall be cited under this section unless the person engages in conduct prohibited by this section after having been notified by law enforcement officer that the conduct violates this section and refuses or intentionally fails to cease such activity when ordered to do so.
D. A violation of this section shall be a misdemeanor punishable by up to ninety (90) days in jail, a fine of up to five hundred dollars ($500.00), or both. (Ord. 2021-1088, 10-27-2021)