12.52.050   Exemptions.
   The following are exemptions to Sections 12.52.020 and 12.52.030 and 12.52.040, these sections shall not apply in the following cases or to the following persons:
   A.   Persons standing or sitting on the curb or portion of any sidewalk or street while attending or viewing any parade, festival, performance or similar event permitted under the provisions of this code;
   B.   Any conduct which is in conformity with the terms of this code related to the issuance of special event permits;
   C.   Any conduct in areas open to the public that are privately owned or are publicly owned but being lease or rented for private use where such conduct is in conformity with permission granted by the owner of such premises or by the person entitled to the possession of such premises;
   D.   Persons sitting or lying down due to a medical emergency;
   E.   The use of a wheelchair or similar device to move about shall not be considered blocking or interfering with a public place or public way; and
   F.   Persons who place chairs or stools on public sidewalks in conjunction with permitted outdoor dining or permitted vending and or noncommercial uses permitted by the city.
   G.   Between the hours of 10 p.m. and 6 a.m. homeless persons may not be cited for camping, sitting, sleeping, or lying down if there is not available shelter space. This exemption shall not apply if the camping, sitting, sleeping, or lying down, obstructs or blocks the usage of a public place or public way while such area is available for use by the general public and the person does not relocate to avoid obstructing or blocking the public place or public way after being notified. This exemption shall also not apply in the following locations: a waterway; a basin; on a levee; on a ditch bank; in a riparian setback area; on or within five hundred (500) feet of a school; trails; public places or public ways that consist of an enclosed area or that are marked as closed to the public; and those areas described in Section 12.52.040.
(Ord. 2019-17 § 2 (part), 2019: Ord. 9721 § 1 (part), 1997)