Chapter 12.25
UNAUTHORIZED OCCUPANCY OF RIGHTS-OF-WAY AND/OR SIDEWALKS

Sections:

12.25.010    Prohibition.

12.25.020    Penalties.

12.25.010 Prohibition.

A. No person shall sit or lie down upon, or place a blanket, sleeping bag, backpack, chair, mattress, couch, stool, or any similar equipment, item, or furniture upon a public sidewalk, or any portion of the public right-of-way, whether improved or unimproved.

B. Exceptions. The prohibitions in subsection A of this section shall not apply to any person:

1. Temporarily sitting or lying down on a 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. Operating or patronizing an activity on the public sidewalk or public right-of-way pursuant to a town-issued permit for the activity; or

4. Participating in or attending a parade, festival, performance, rally, demonstration, meeting, or similar event conducted on the public right-of-way pursuant to a street use or other applicable permit issued by the town.

Nothing in any of these exceptions shall be construed to permit any conduct which is prohibited by any town ordinance or regulation.

C. The officer conducting the enforcement of this chapter may provide the violator with information about resources that may be able to assist with alternatives to unauthorized occupancy of rights-of-way and/or sidewalks. (Ord. 2024-07 § 3, 2024).

12.25.020 Penalties.

A violation of this chapter shall be a misdemeanor punishable by the following:

A. First offense: a fine of up to $100.00;

B. Second offense: up to 30 days in jail, or a fine of up to $250.00, or both; and

C. Subsequent offenses: up to 90 days in jail, or a fine of up to $500.00, or both. (Ord. 2024-07 § 3, 2024).