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Title 10
Chapter 10.10
Section 10.10.026
 

Title 10 Regulation of Activities

Division I. Penal Code

Chapter 10.10 Offenses Against Peace and Order

Section 10.10.026 Sitting, Lying on Sidewalk in a Designated Zone

  1. Prohibition.
    1. No person may sit or lie down upon a public sidewalk, or upon a blanket, chair, stool, or any other object placed upon a public sidewalk, during the hours between six a.m. and midnight in the zone designated in this section.
    2. At all times it is unlawful to sit or lie on any drinking fountain, trash container, planter, bicycle rack, or any other sidewalk fixture not designed primarily for the purpose of sitting.
    3. At all times it is unlawful to sit or lie in any entrance to or exit from any building or parking lot, or on any loading dock.
  2. Exceptions.
    The prohibition in subsection (A) of this section does not apply to any person:
    1. sitting or lying down due to a medical emergency or due to a sensory, mental, or physical disability;
    2. who, as the result of a sensory, mental, or physical disability, utilizes a wheelchair, walker, or similar device to move about the public sidewalk;
    3. operating or patronizing a business with permission to occupy the sidewalk;
    4. participating in or attending a parade, festival, performance, rally, demonstration, meeting, or similar event conducted on the public sidewalk pursuant to a special event or other applicable permit;
    5. sitting on a chair or bench supplied by a public agency or by the abutting private property owner pursuant to the appropriate permit or license; or
    6. sitting within a bus stop zone while waiting for public or private transportation;
    7. sitting on privately-owned sidewalk fixture with the permission of the owner;
    8. engaging in constitutionally protected expressive activities which would otherwise be restricted by the limitations in subsection (A) of this section.
    9. who is homeless during a time frame when shelter space is unavailable.  
  3. No person shall be subject to enforcement under this section unless the person engages in conduct prohibited by this section within the entirety of the zone designated in this section after having been notified by a law enforcement officer that the conduct violates this section and has been given a reasonable amount of time to comply or has refused to comply. If the individual fails to comply in a reasonable time or engages in prohibited conduct in another location within the designated zone, a law enforcement officer may than enforce this section.
  4. The zone where such conduct is prohibited is established in the map set forth in Attachment A (PDF 1.2MB).  
  5. This section does not permit any conduct which is prohibited by SMC 10.10.025 regarding interference with pedestrian or vehicular traffic.
  6. It is the intent of the city council that homeless individuals subject to enforcement under this section be directed to emergency shelters, community/drug/mental health court, or other interventional services.  
  7. A violation of SMC 10.10.026 is a misdemeanor. 
  8. The provisions of this section are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, section, or portion of this section, or the invalidity of the application thereof to any person or circumstance does not affect the validity of the remainder of this section, or the validity of its application to other persons or circumstances.

Date Passed: Monday, December 16, 2013

Effective Date: Saturday, February 1, 2014

ORD C35068 Section 1