(a) 
No person shall sit or lie down upon a public pedestrian way and or other area designated by this chapter or upon a chair, bench, blanket, stool, planter, railing or any other object placed on a public pedestrian way or designated area between the hours of 5:30 a.m. and 10:30 p.m. in the following locations:
(1) 
The Commercial Solicitation District as set forth in Ketchikan Municipal Code Section 9.54.030;
(2) 
A "Designated Area" as defined in this chapter.
(b) 
No person shall place or deposit any item of bedding or personal possessions, including but not limited to any blanket, bag, package or container of personal possessions upon a public pedestrian way or designated area during the times at the locations set forth in subsection (a) of this section.
(Ord. 26-2021, 2/19/2026)
The prohibitions in Sections 9.58.010(a) and (b) shall not apply to any person:
(a) 
Sitting or lying down due to a medical emergency;
(b) 
Who, as the result of a disability, utilizes a wheelchair, walker, or similar device to move about the public pedestrian way or designated area;
(c) 
Operating or patronizing a commercial or non-profit establishment conducted on the public pedestrian way or designated area pursuant to an agreement with the city; or a person participating in or attending a parade, festival, performance, rally, demonstration, meeting, or similar event authorized by the city;
(d) 
Sitting on a chair or bench located on a public pedestrian way or designated area which is suppled by a public agency or by the abutting private property owner;
(e) 
Sitting on a public pedestrian way within a bus stop zone or within a Ketchikan Gateway Borough Transit System shelter while waiting for public or private transportation;
(f) 
Placing personal possessions upon a public pedestrian way or designated area:
(1) 
When waiting to enter or upon departing from any building or vessel.
(2) 
When using a public parking lot or space for parking a motor vehicle including active loading or unloading of a vehicle;
(g) 
Actively making emergency repairs to a motor vehicle;
(h) 
Parking a bicycle in a manner that does not interfere with pedestrian or vehicular traffic.
(Ord. 26-2021, 2/19/2026)
No person shall be charged with violating a provision of this chapter unless the person engages in conduct prohibited by this chapter after having been notified by a law enforcement officer that the conduct violates the provision of this chapter.
(Ord. 26-2021, 2/19/2026)
(a) 
Any person who violates any provision of this chapter, or performs any unlawful act as defined in this chapter, or fails to perform any act required by this chapter, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed $2,000 or imprisonment for not more than 72 hours if the offense is a first conviction or 10 days if the person has been previously convicted of a violation of this chapter within three years preceding the date of the present offense or both such fine and imprisonment.
(b) 
The penalties provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies, penalties and procedures established by ordinance or other law.
(Ord. 26-2021, 2/19/2026)
When used in this chapter the following terms mean:
"Designated Area"
means and includes:
(1) 
Eagle Park.
(2) 
Harbor View Park.
(3) 
Ketchikan Gateway Borough Transit System shelters.
(4) 
The Port of Ketchikan.
(5) 
Whale Park.
"Port of Ketchikan"
means Berth I, II, III and IV and includes the uplands to Water Street and Front Street.
"Public Pedestrian Way"
means an outdoor route or area open to the public for use by pedestrians, including but not limited to sidewalks, viewing platforms, stairways, alleyways, boardwalks and promenades whether publicly or privately owned and includes building alcoves, doorsteps and entryways adjoining a public pedestrian way.
(Ord. 26-2021, 2/19/2026)