The City Council hereby finds and determines as follows:
A. 
Sitting or lying on the public sidewalk within the unusually congested area of the central pedestrian district during the hours of 9:00 a.m. to 11:00 p.m., when this district's sidewalks are heavily used by pedestrians, distracts those pedestrians from their need to be alert for potential tripping or slipping hazards on the sidewalk, to avoid other pedestrians and sidewalk utility poles, fire hydrants, street furniture, street trees and tree planter wells, news racks and other such obstacles, and to be prepared to move along the sidewalk and across the street at intersections without interruption; and
B. 
Sitting or lying on the sidewalks of this busy district results in the delay and obstruction of the public's free flow of travel and results in congestion and blockage of the sidewalks when pedestrians are required to constrict and redirect their passage, often into the street, in order to avoid persons sitting or lying on the sidewalks; and
C. 
Distracted pedestrians are more prone to be involved in accidents, and accidents on the public sidewalks constitute a substantial safety problem which further impedes and prevents the orderly flow of pedestrian traffic, is unsafe not only for persons sitting or lying on the sidewalk but also for pedestrian traffic sharing the same limited sidewalk space; and
D. 
The cumulative impact of this type of activity on the city's sidewalks in this district on a daily basis has created a potential safety hazard, which poses a significant and substantial risk to the interest of the public in the free flow of travel in the city; and
E. 
In some circumstances, people sitting or lying on the sidewalks deter many members of the public from frequenting commercial areas and establishments, which contributes to undermining the essential economic vitality of those areas, leading in turn to business failures, relocations, vacant store fronts, and attendant deterioration and blight of the district.
(O97-030)
A. 
No person shall sit or lie down upon the public sidewalk or upon a blanket, chair, stool, or any other object placed upon the public sidewalk, or in any entrance or doorway to any commercial establishment abutting or adjacent to a public sidewalk in the central pedestrian district between 9:00 a.m. and 11:00 p.m.
B. 
For purposes of this chapter, the "central pedestrian district" shall include all areas contained within the outermost portion of the following streets, including any and all sidewalks abutting or adjacent to such streets, and where applicable, riverbanks: Jefferson Street from Polk Street to Third Street; Third Street from Jefferson Street to Even Street; Fourth Street from Even Street to Coombs Street; Coombs Street from Fourth Street to Division Street; Division Street from Coombs Street to Brown Street; Brown Street from Division Street to Fifth Street; Fifth Street from Brown Street to the west bank of the Napa River; the west bank of the Napa River from Fifth Street to Third Street; Third Street from the west bank of the Napa River to Juarez Street; Juarez Street from Third Street to First Street; First Street from Juarez Street to McKinstry Street; McKinstry Street from First Street to Soscol Avenue; Soscol Avenue from McKinstry Street to Napa Street; Napa Street from Soscol Avenue to Main Street; Main Street from Napa Street to G Street; G Street from Main Street to Brown Street; Brown Street from G Street to Clinton Street; Clinton Street from Brown Street to Coombs Street; Coombs Street from Clinton Street to Pearl Street; Pearl Street from Coombs Street to Franklin Street; Franklin Street from Pearl Street to Polk Street; Polk Street from Franklin Street to Jefferson Street.
(O97-030)
The prohibition set forth in this chapter shall not apply to the following:
A. 
Any person sitting or lying down on the sidewalk due to a medical emergency;
B. 
Any person who, as a result of a disability, utilizes a wheelchair, walker, or similar device, to move about the public sidewalk;
C. 
Any child accompanied by an adult who is seated in and using a stroller, or similar device, to move about the public sidewalk;
D. 
Any person sitting or lying down upon a chair, bench, or planter box wall located on the public sidewalk which is placed there and designated for sitting or lying by a public agency;
E. 
Any person sitting or lying down upon a chair or bench located upon the public sidewalk which is placed there by an abutting private property owner or tenant pursuant to an encroachment permit, lease, license or similar authorization from the city;
F. 
Any person sitting or lying down while conducting, attending, or participating in an activity or event which is authorized by a lawfully issued special event, street closure, or other permit issued by the city which authorizes the use of the public sidewalk;
G. 
Any person sitting on a public sidewalk within a bus stop zone while waiting for public or private transportation;
H. 
Any person participating in or attending a parade, festival, performance, rally, demonstration, meeting or similar event conducted on the public sidewalk pursuant to an encroachment, special use or other application permit.
(O97-030)
No person shall be cited under or otherwise deemed in violation of this chapter unless the person engages in conduct prohibited by this chapter after having been notified by a law enforcement officer that he or she is in violation of the prohibition contained in this chapter.
(O97-030)