Chapter 7.08
SITTING OR LYING ON SIDEWALK AND PLAZA AREAS, EXCLUDING DESIGNATED BENCHES
Sections:
7.08.021 Downtown neighborhood defined.
7.08.030 Necessity of warning – Duty to disperse.
7.08.010 Purpose.
In recent years, the City of Mt. Shasta has experienced a growth in persons lying down or sitting on sidewalks and streets in commercial areas. This activity obstructs pedestrian access throughout downtown, reduces the level of safety for pedestrians in commercial areas, interferes with use and enjoyment by other members of the public, and has caused a multitude of complaints. There are a significant number of public spaces open and available during the day for everyone’s use to sit or lie down.
Therefore, the City Council believes it necessary to address the issue of sitting or lying on public sidewalks, curbs, streets, alleys, and City plazas, excluding designated benches, to ensure public safety and access throughout the downtown of the City of Mount Shasta. (Ord. CCO-15-01, 2015)
7.08.020 Prohibition on sitting or lying on a public sidewalk, curb, street, alley, or public plaza in a commercial area at certain times.
(A) Prohibition. No person shall sit or lie down upon a public sidewalk, curb, street, alley, or City Plaza or upon a blanket, stool, chair or other object placed upon a public sidewalk, curb, street, alley, and City Plaza, which is adjacent to any property zoned or used for commercial uses in the downtown neighborhood as defined in MSMC 7.08.021, between the hours of 7:00 a.m. and 12:00 a.m.
(B) Exceptions. This section shall not apply to any person:
(1) Sitting or lying down on a public sidewalk due to a medical emergency;
(2) Who, as a result of disability uses a wheelchair, walker or similar device needed for mobility to move about the public sidewalk;
(3) Operating or patronizing a commercial establishment conducted on the public sidewalk such as an outdoor cafe, provided that commercial establishment is appropriately licensed to conduct its business on the public sidewalk;
(4) Sitting on a public bench or bus stop bench located on a public sidewalk, or in a public plaza or on a chair or bench supplied by the abutting business owner; and
(5) Participating in or attending or viewing any parade, festival, performance, rally or other event conducted in accordance with this code and for which the appropriate permit has been obtained.
These exceptions shall not be construed to permit conduct that is otherwise prohibited by law. (Ord. CCO-15-01, 2015)
7.08.021 Downtown neighborhood defined.
As used in this chapter the term “downtown” or “downtown neighborhood” shall refer to that area of the City of Mt. Shasta within the following boundaries:
North boundary – Alma Street;
South boundary – Water Street;
West boundary – From Alma Street, the West Alley off of the 400 block of N. Mt. Shasta Boulevard continuing south following Castle Street which changes to Maple Street and south off of Maple Street following Mill Street to Water Street;
East boundary – From the intersection of Alma Street and Chestnut Street to the intersection of S. Mt. Shasta Boulevard and Water Street. (Ord. CCO-15-01, 2015)
7.08.030 Necessity of warning – Duty to disperse.
(A) No person shall be cited for a violation of this section until a peace officer first warns that person that his or her conduct is unlawful and that person is given opportunity to stop his or her conduct. One warning by a peace officer to a person who is violating this section is sufficient for a 30-day period as to any subsequent violations of this section by that person during that period of time.
(B) Upon receiving such a warning from a peace officer, no person shall fail, neglect or refuse to disperse or move on from any public highway, alley, crosswalk, street, or sidewalk or other places open to the public for pedestrian travel, if directed to do so by a peace officer after the peace officer has reasonably determined that the person is sitting or lying on a sidewalk in a commercial district. (Ord. CCO-15-01, 2015)
7.08.040 Violations – Penalty.
Repealed by Ord. CCO-20-04. (Ord. CCO-15-01, 2015)
7.08.050 Severability.
If any section, sentence, clause, phrase, or portion of this chapter is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining sections, sentences, clauses, phrases, or portions of this chapter shall nonetheless remain in full force and effect. (Ord. CCO-15-01, 2015)