(a) Definitions. The terms used in this section shall have the following meanings. Where a term in the section is not specifically defined, the ordinary dictionary meaning of the words used shall be applied.
(1) “Sidewalk” as used herein includes any walk, whether made or constructed wholly or in part of stone, brick, gravel or earth covered with tanbark, sawdust, ashes, cinders or other materials, or the earth alone, so that the same is now or hereafter may be set apart and treated as a sidewalk, as distinguishable from the street proper.
(2) “Street” as used herein means the entire width between the boundary lines of every way open to the use of the public as a thoroughfare for purposes of vehicular travel.
(3) “Public place” as used herein means any area of property, either publicly owned or to which the public has access. The term shall specifically include, but not be limited to, a street, sidewalk, alley, park, playground, parking lot or garage, the doorway or entrance to any building that fronts such a location, and a motor vehicle that is parked or idling in such a location.
(4) “Recklessness” means a conduct whereby the actor does not desire harmful consequence but nonetheless foresees the possibility and consciously takes the risk. Recklessness involves a greater degree of fault than negligence but a lesser degree of fault than intentional wrongdoing. The state of mind in which a person does not care about the consequences of his or her actions. See Recklessness, Black’s Law Dictionary (11th ed. 2019).
(b) No person shall recklessly sit, stand, or lay on any sidewalk, street or public place in a manner so as to block or obstruct the free passage of pedestrians or vehicles in the lawful use of sidewalks, streets or public places.
(c) No person shall recklessly sit, lay, or stand on any sidewalk, street or public place that is within twenty-five feet (25) of the place of entry to any business, agency or governmental office during the operating hours of the entity, in such a manner as to impede or obstruct the ability of the public to enter or leave the business, agency or office.
(d) Penalty. Whoever violates this section is guilty of obstructing sidewalks, streets or public places, a minor misdemeanor. If any offender has previously been convicted under this section, or refuses to move after being cited under this section, violation of this section is a misdemeanor of the fourth degree.
(e) (1) It is the intent of the Village of Waverly Council that this section be narrowly construed so as to protect the health, safety and welfare of the people, agencies, and businesses in the Village of Waverly, while complying with State and Federal Constitutional standards.
(2) If any provision, paragraph, word or subsection of this section is invalidated by a court of competent jurisdiction, the remaining provisions, paragraphs, words, sections or subsections shall not be affected and shall remain in full force and effect.
(Ord. 40-2019. Passed 8-6-19.)