A. Prohibition.
No person shall sit or lie down upon a public sidewalk or public paseo,
or upon a blanket, chair, stool, or any other object placed upon a
public sidewalk or public paseo, during the hours between 7:00 a.m.
and 2:00 a.m. of the following day in the following locations: (1)
along the first 13 blocks of State Street from Cabrillo Boulevard
to and including the 1300 block of State Street; (2) along the 00
to 100 block of E Haley Street; (3) along S Milpas Street between
Calle Puerto Vallarta and Carpinteria Street, including the U.S. Route
101/Milpas roundabout located at the intersection of U.S. Route 101,
S Milpas Street and Carpinteria Street; (4) along Cacique Street between
S Milpas Street and S Alisos Street; and (5) along N Milpas Street
from Carpinteria Street to and including E Canon Perdido Street.
For the purposes of this subsection
A, the terms "public sidewalk or public paseo" shall also include those public pedestrian sidewalks or public paseos which serve as access to and from State Street and the City parking facilities adjacent to State Street within the designated blocks, which shall also specifically include the area known as "Storke Placita," as well as the railings, statues, sculptures, or planter areas within the designated blocks.
B. Exceptions. The prohibitions of subsection
A shall not apply to any person or persons:
1. Who
is sitting or lying down on a public sidewalk due to a medical emergency;
2. Who,
as the result of a disability, utilizes a wheelchair, walker, or similar
device to move about the public sidewalk;
3. Who
is operating or patronizing a commercial establishment conducted on
the public sidewalk or who is participating in or attending a parade,
festival, performance, rally, demonstration, meeting, or similar event
conducted on the public sidewalk pursuant to a street use or other
applicable parade permit issued by the City in accordance with this
Code.
Nothing in any of these exceptions shall be construed to permit
any conduct which is otherwise prohibited by this Code.
C. Scope. Nothing herein shall be deemed to apply the requirements of subsection
A to the following:
1. A
person who is sitting on a chair or bench located on the public sidewalk
which is supplied by a public agency or by the abutting private property
owner for such purposes; or
2. A
person who is sitting on a public sidewalk within a bus stop zone
while waiting for public transportation.
D. Prior
Warning. No person shall be prosecuted for a violation of this chapter
unless the person engages in conduct prohibited by this chapter after
having been notified by a law enforcement officer or other City-designated
volunteer or employee that the conduct violates this chapter.
(Ord. 5009, 1997; Ord. 5690, 2015; Ord. 5848, 2018; Ord. 5948, 2020; Ord. 6008, 2021)