2015/04/01 Council Agenda Packet

ORDINANCE NO. An Ordinance Regulating Rights of Way, Prohibiting Certain Conduct within Public Rights of Way, including Sitting, Lying, Pedestrian Interference, and Distributing Goods, Products or Supplies without a Street Use Permit, Adding Two New Chapters to Title 13 of the Everett Municipal Code. WHEREAS, RCW 35.22.280 empowers first class cities to regulate and control the use of streets and sidewalks, to declare and abate nuisances, to provide for the punishment of conduct and practices dangerous to public health or safety and to provide for regulations necessary for the preservation of public morality, health, peace and good order, and Article XI, section 11 of the State Constitution authorizes cities to make and enforce all police, sanitary and other regulations not in conflict with general laws; and WHEREAS, the City Council finds that certain activities conducted in public rights of way make the use of the right of way difficult, unsafe, or unwelcoming and affect the safety and quality of life of nearby property owners, businesses, residents, and the general public; and WHEREAS, enforcement of the City's current ordinances has not adequately addressed these problems; and WHEREAS, the Everett City Council finds that the provisions of this Ordinance are necessary for the public health, safety, and welfare; NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: Section 1. Findings adopted The findings_ set forth in the above recitals are hereby adopted and incorporated by reference. Further, the City Council specifically finds that the regulation of the conduct addressed in this Ordinance is a valid exercise of police power. Section 2. A. Prohibition of Certain Conduct within Public Rights of Way. No person shall sit or lie down upon, or place a blanket, sleeping bag, back pack, 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, in the following area: 1 10