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HomeMy WebLinkAbout4717 Ordinance - Creating PMC 9.80.035 Sitting Lying on Sidewalk in Designated Zone Ordinance – Creating PMC Section 9.80.035 - 1 ORDINANCE NO. 4717 AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING PASCO MUNICIPAL CODE CHAPTER 9.80 “STREET OR SIDEWALK INTERFERENCE,” CREATING A NEW SECTION 9.80.035 “SITTING, LYING ON SIDEWALK IN DESIGNATED ZONE.” WHEREAS, the City of Pasco (City) Police Department has found that a new provision within PMC Chapter 9.80 is needed to address the growing concerns of keeping sidewalks free for commerce, community health, and public safety. The City recognized this addition as a useful tool to equip police officers to continue with the City’s revitalization efforts. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That a new Section PMC 9.80.035 entitled “Sitting, Lying on Sidewalk in Designated Zone” of the Pasco Municipal Code shall be and hereby is created and shall read as follows: 9.80.035 Sitting, Lying on Sidewalk in Designated Zone. (1) Prohibition. (a) No person may sit or lie down upon a public sidewalk or right-of- way, or upon a blanket, chair, stool, or any other object placed upon a public sidewalk or right-of-way, during the hours between six a.m. and midnight in the zones designated in this section. (b) At all times it is unlawful to sit or lie on any drinking fountain, trash container, planter, bicycle rack, or any other sidewalk fixture not designed primarily for the purpose of sitting. (c) At all times, it is unlawful to sit or lie in any entrance to or exit from any building or parking lot, or on any loading dock. (2) Exceptions. The prohibition in subsection (1) of this section does not apply to any person: (a) Sitting or lying down due to a medical emergency or due to a sensory, mental, or physical disability; (b) Who, as the result of a sensory, mental, or physical disability, utilizes a wheelchair, walker, or similar device to move about a public sidewalk; Ordinance – Creating PMC Section 9.80.035 - 2 (c) Operating or patronizing a business with permission to occupy the sidewalk; (d) Participating in or attending a parade, festival, performance, rally, demonstration, meeting, or similar event conducted on the public sidewalk pursuant to a special event or other applicable permit; (e) Sitting on a chair or bench supplied by a public agency or by the abutting private property owner pursuant to the appropriate permit or license; (f) Sitting within a bus stop zone while waiting for public or private transportation; or (g) Sitting on privately-owned sidewalk fixture with the permission of the owner. (3) No person shall be subject to enforcement under this section unless the person engages in conduct prohibited by this section within the entirety of the zone designated in this section after having been notified by a law enforcement officer that the conduct violates this section and has been given a reasonable amount of time to comply or has refused to comply. If the individual fails to comply in a reasonable time or engages in prohibited conduct in another location within the designated zone, a law enforcement officer may then enforce this section. (4) The zones where the conduct described in section (1) is prohibited are as follows: (a) From West Lewis Street, from North Tacoma Street to North Tenth Avenue; (b) North and South Tacoma Street, between West Clark Street and West Columbia Street; (c) North and South First Avenue, between West Clark Street and West Columbia Street; (d) North and South Second Avenue, between West Clark Street and West Columbia Street; (e) North and South Third Avenue, between West Clark Street and West Columbia Street; (f) North and South Fourth Avenue, between West Clark Street and West Columbia Street; Ordinance – Creating PMC Section 9.80.035 - 3 (g) North and South Fifth Avenue, between West Clark Street and West Columbia Street; (h) South Sixth Avenue, between West Lewis Street and West Columbia Street; (i) South Seventh Avenue, between West Lewis Street and West Columbia Street; (j) South Eighth Avenue, between West Lewis Street and West Columbia Street; (k) South Ninth Avenue, between West Lewis Street and West Columbia Street; and (l) North and South Tenth Avenue, between West Clark Street and West Columbia Street. (5) A violation of PMC 9.80.035 is a misdemeanor. (6) The provisions of this section are declared separate and severable. The invalidity of any clause, sentence, paragraph, section, or portion of this section, or the invalidity of the application thereof to any person or circumstance does not affect the validity of the remainder of this section, or the validity of its application to other persons or circumstances. Section 2. Severability. If any section, subsection, sentence, clause, phrase, or word of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause phrase or word of this Ordinance. Section 3. Corrections. Upon approval by the city attorney, the city clerk or the code reviser are authorized to make necessary corrections to this Ordinance, including scrivener’s errors or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or numbering or referencing of ordinances or their sections and subsections. Section 4. Effective Date. This Ordinance shall take full force and effect five (5) days after approval, passage, and publication as required by law. Ordinance – Creating PMC Section 9.80.035 - 4 PASSED by the City Council of the City of Pasco, Washington, on this 17th day of June, 2024. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Published: Sunday, June 23, 2024