HomeMy WebLinkAboutOrdinance - 2524 - Amend Title 130
ORDINANCE NO. 2524
IJ
AN ORDINANCE AMENDING TITLE 13 (STREETS AND
SIDEWALKS) CHAPTER 13.24 (OBSTRUCTION OF
STREETS AND SIDEWALKS) BY ADDING SECTION
13.24.060 RELATING TO PROHIBITING SITTING ON
COMMERCIAL SIDEWALKS AT CERTAIN TIMES
WHEREAS, public spaces in commercial districts in Redding have become increasingly
inhospitable due to groups of individuals, often with dogs, sitting or lying upon on sidewalk
areas on our commercial streets. This activity obstructs pedestrian access, and results in litter,
debris, and waste left on our sidewalks.
WHEREAS, there are a significant number of public spaces open and available during
the day for everyone's use to sit or lie down.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF REDDING DOES
ORDAIN AS FOLLOWS:
Section 1. Title 13, Chapter 13.24, be amended to add Section 13.24.050 to read as
follows:
13.24.060- Prohibiting Sitting on Commercial Sidewalks at Certain Times.
A. No person shall sit on a Commercial Sidewalk or on any object brought or affixed
to a Commercial Sidewalk, from 7:00 a.m. until 10:00 p.m., except as provided in
this Section.
B. Exceptions. This Section shall not apply to any person sitting on a commercial
sidewalk:
1. Due to a medical emergency;
2. On a wheelchair or other device that is needed for mobility;
3. On a public bench or bus stop bench that is permanently affixed to
the sidewalk;
4. Operating a sidewalk -based businesses with an appropriate permit;
or
5. As authorized by a City -issued permit, such as a permit for a
Special Event, or other City permit. This Section shall not be
construed to prohibit persons from obtaining such City permits.
These exceptions shall not be construed to allow conduct that is prohibited by
other laws.
C. This Section shall not be applied or enforced in a manner that violates the United
States or California constitutions.
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D. Necessity of Warning Prior to Citation. No person may 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 a chance to stop his/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.
E. Commercial Sidewalk - Definition. As used in this Section, "Commercial
Sidewalk" means all sidewalks in front of or adjoining property designated on the
City's Official Zoning Map with an "NC" "SC" "RC" "GC" "GCVR" "HC"
"SGD" "UBD" or "CBD" prefix.
F. Violation - Infraction. A violation of this Section shall be charged only as an
infraction subject to a $75 fine.
Section 2. Severability - If any section, sentence, clause, phrase, or portion
of this Ordinance 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 ordinance
shall nonetheless remain in full force and effect.
Section 3. The passage of this ordinance is not a "project" according to the definition
in the California Environmental Quality Act, and therefore is not subject to the provisions
requiring environmental review.
I HEREBY CERTIFY that the foregoing ordinance was introduced and read by the City
Council at a regular meeting on the 7th day of April, 2015; and was duly read and adopted at a
regular meeting on the 21st day of April, 2015, by the following vote:
AYES: COUNCIL MEMBERS: Cadd, McArthur, Schreder, & Weaver
NOES: COUNCIL MEMBERS: Sullivan
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
P
F IE SULLIVAN, Mayor
ATTEST:
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APPROVED AS TO FORM:
W. LEONARD WINGATt, Interim City Attorney
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