§ 9-4. Obstructing free passage.

(a)

Prohibited.

(1)

No person shall lie, lounge or sit, either directly or on a chair, box or other object, on any street, alley, sidewalk, curb, gutter, or public right-of-way, or in any driveway open to the public, or in any doorway, entranceway, or passageway affording entrance or exit by the public into or from any building, whether such building or any establishment therein is open for business or not. No person shall congregate with others in such places so as to physically obstruct, by his actions or behavior, presence, or location, unimpeded passage by others.

(2)

No person shall sit, stand, lie, lounge upon or hang upon or from the exterior of any automobile, motorcycle, bus, truck, motor vehicle or vehicular trailer while such vehicle is stopped or parked in such a manner as to physically obstruct, by his actions or behavior, presence, or location, unimpeded passage by others.

(3)

No person shall lie, lounge, or site, on any street, alley, sidewalk, curb, gutter, or public right-of-way, or in any driveway open to the public, or in any doorway, entranceway, or passageway affording entrance or exit by the public into or from any building or lands, whether such building or any establishment therein is open for business or not for the purpose of soliciting for, begging or asking for handouts in the form of money, food, merchandise, jobs or employment or other begging.

(b)

Exceptions.

(1)

The provisions of subsection (a) of this section relative to sitting on the sidewalk and curbs shall not apply during or immediately prior to any public parade or other public celebration, at the site of such parade or such celebration, for which parade or celebration the proper governmental agency has granted permission.

(2)

The provisions of subsection (a) of this section shall not apply to personnel of business establishments during a sidewalk sale or other events and activities for which permission has been granted by the proper governmental agency for the city.

(c)

Suspension for public events. The board of public works and safety is empowered to suspend the provisions of this section or particular prohibitions of this section, generally or in certain areas only, when in connection with carnivals, public activities, and other public events such suspension is warranted because the public health, safety, peace and order will not be endangered.

(d)

Enforcement. Each and every police officer of the city is authorized to enforce the prohibitions of this section by issuing a traffic summons to any offender seen by such officer to be in violation of this section; provided, however, that a violator not a resident of the state may be required to post bond, not to exceed fifty dollars ($50.00), notwithstanding his written promise to appear in court.

(e)

Penalty for violation. Upon first violation of this section the violation shall be subject to a fifty dollar ($50.00) fine plus court costs. Upon a second violation of this section the violator shall be subject to a one hundred dollar ($100.00) fine plus court costs. Upon a third violation of this section the violator shall be subject to a one hundred fifty dollar ($150.00) fine plus court costs.

(Code 1975, § 25-3(a)—(c), (e); Ord. No. 1022, §§ 1, 2, 11-2-04)

Cross reference

Streets, sidewalks and public places generally, Ch. 15.