Laserfiche WebLink
furniture upon, a public sidewalk or any portion of the public right of way, whether <br />improved or unimproved, in the area identified in Exhibit A. <br />B. Exceptions. The prohibitions in subsection (A) of this section shall not apply to any <br />person: <br />1. Temporarily sitting or lying down on a sidewalk due to a medical emergency; <br />2. Who, as the result of a disability, utilizes a wheelchair, walker, or similar device <br />to move about the public sidewalk; <br />3. Operating or patronizing an activity on the public sidewalk pursuant to a City <br />issued permit for the activity; or a person participating in or attending a parade, <br />festival performance, rally, demonstration meeting, or similar event conducted <br />on the public sidewalk pursuant to a street use or other applicable permit issued <br />by the City. <br />Nothing in any of these exceptions shall be construed to permit any conduct which is <br />prohibited by any City ordinance or regulation. <br />C. No person shall be cited under this section unless the person engages in conduct <br />prohibited by this section after having been notified by a law enforcement officer that <br />the conduct violates this section and refuses or intentionally fails to cease such activity <br />when ordered to do so. <br />D. A violation of this section shall be a misdemeanor punishable by up to 90 days in jail, <br />a fine of up to $500.00, or both. <br />Section 3. No Goods or Services to be Provided within the Right of Way without <br />Permit. <br />No person may provide food, beverages, goods, supplies or services of any sort within <br />the public right of way in the area described in section 2.A unless authorized by a valid <br />right-of-way use permit issued by the department of Public Works. Such permit shall <br />identify the specific activity authorized by the permit, the specific location at which such <br />activity is permitted, and the times during which the activity may occur. The <br />Department may issue such permit only if it determines that the activity and location for <br />which the permit is requested will not have an unreasonable adverse impact on the <br />neighborhood, other uses in the vicinity, or the public's use of the right-of-way. The <br />Department may revoke such permit at any time if it determines that the activity does <br />have an unreasonable adverse impact on the neighborhood, other uses in the vicinity, or <br />the public's use of the right-of-way. No such permit shall be valid for longer than one <br />year. <br />Section 4. Severability <br />