Sec. 32-6.2. Prohibiting sitting and lying on commercial sidewalks at certain times -- Exceptions.
a. Sitting on Commercial Sidewalks at Certain Times Prohibited.No person shall sit or lie on a commercial sidewalk or on any object brought or affixed to said sidewalk, from 7:00 a.m. until 9:00 p.m., except as provided in this section.
b. Exceptions.The prohibition in subsection (a) of this section shall not apply to any person sitting or lying on a commercial sidewalk:
1.Due to a medical emergency;
2.On a wheelchair or other device that is needed for mobility;
3.On a public bench or bus stop bench that is permanently affixed to the sidewalk;
4.Operating or patronizing a commercial establishment conducted on the public sidewalk pursuant to an encroachment permit;
5.Participating in or attending a parade, festival, performance, rally, demonstration, meeting or similar event conducted on pursuant to and in compliance with an event permit or other applicable permit. This section shall not be construed to prohibit persons from obtaining such City permits; or
6.Who is a child seated in a stroller.
These exceptions shall not be construed to allow conduct that is prohibited by other laws.
c.This section shall not be applied or enforced in a manner that violates the United States or California constitutions.
d. Necessity of Warning Prior to Citation.No person may be cited for a violation of this section until a peace officer first warns said person that his or her conduct is unlawful and said person is given a change to stop said conduct. One warning by a peace officer to a person who is violating this section is sufficient for a thirty (30) day period as to any subsequent violations of this section by said person during said period.
e. Commercial Sidewalk -- Definition.As used in this section, “commercial sidewalk” means all sidewalks in front of property designated on the City’s General Plan map for mixed use areas, as shown in Appendix A to the ordinance codified in this chapter.
f. Penalty.An administrative citation may be issued to any person who violates this section, or a violation may be charged as an infraction. (Ord. 3503 § 2, 2014)