A. Except as otherwise permitted by ordinance or by a conditional use permit or by a special event permit, no person shall use a street or public sidewalk for selling, storing, or displaying merchandise or equipment.
B. No person shall obstruct travel on a pedestrian passageway for longer than a reasonable period of time, and in no event longer than 5 minutes, by exclusively occupying or placing an object or animal thereon with the intent to interfere with free pedestrian passage. Anyone blocking a pedestrian passageway must cease doing so immediately after observing or otherwise having been made aware that a person with an ambulatory disability is waiting for obstruction-free travel thereon.
C. As used in this Chapter 10.64, a pedestrian passageway is:
1. The entryway to public or private property from an abutting public sidewalk;
2. The area of a public sidewalk that is (a) within 6 feet of the out edge of any roadway, (b) within 6 feet of any City owned or controlled fixture or structure adjacent to the curb or (c) within 10 feet of any crosswalk; and
3. An area of unobstructed passage 6 feet in width on any sidewalk, walkway, or path improved to City standards.
D. Without excluding other possible forms of evidence, a person is deemed to act with intent to interfere with free passage on a pedestrian passageway as defined in Section 10.64.020.C if the person continues obstructing a pedestrian passageway after having once been informed or warned by a law enforcement official of the conduct proscribed in this chapter.
E. Exceptions. The provisions of Section 10.64.020.B shall not apply to a person:
1. Delivering merchandise of equipment, provided the owner or person in charge of the merchandise or equipment or the property abutting on the street or sidewalk upon which the merchandise or equipment is located removes the merchandise or equipment within a reasonable time.
2. Unable to comply due to suffering a medical emergency;
3. Unable to comply due to physical or mental incapacitation;
4. Performing a City-approved public safety, maintenance or construction function;
5. Waiting in line for goods or services or for a performance, unless the person refuses to comply with a lawful order of a law enforcement official to form the line in a way that moderates impact on the pedestrian passageway;
6. Sitting on a bench shown on the City’s Downtown Sidewalk Usage Map;
7. Permitted by ordinance or by a conditional use permit or by a special event permit to temporarily block a pedestrian passageway; or
8. Exercising the constitutionally protected right of freedom of speech or assembly. (Ord. 3128, amended, 2016)