HomeMy WebLinkAbout4719 Ordinance - Amending PMC 9.80.035 Sitting Lying on Sidewalk in Designated Zone Adding StreetsOrdinance – Amending PMC Section 9.80.035 - 1
ORDINANCE NO. 4719
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
AMENDING PASCO MUNICIPAL CODE SECTION 9.80.035 “SITTING,
LYING ON SIDEWALK IN DESIGNATED ZONE” TO INCLUDE
ADDITIONAL STREETS WITHIN DESIGNATED ZONE.
WHEREAS, the City of Pasco (City) Police Department has found that a new provision
within Pasco Municipal Code (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; and
WHEREAS, the City Council recently created a new PMC Section 9.80.035 “Sitting,
Lying on Sidewalk in Designated Zone” through the adoption of Ordinance No. 4717; and
WHEREAS, since Ordinance No. 4717 was enacted, additional streets were identified and
need to be included in the designated zone.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. That Section 9.80.035 entitled “Sitting, Lying on Sidewalk in Designated
Zone” of the Pasco Municipal Code shall be and hereby is amended to 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:
Ordinance – Amending PMC Section 9.80.035 - 2
(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;
(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;
Ordinance – Amending PMC Section 9.80.035 - 3
(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;
(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 :
(m) West Columbia Street, between South Tacoma Street and South
Tenth Avenue;
(n) West Clark Street, between North Tacoma Street and North First
Avenue;
(o) West Clark Street, between North First Avenue and North Second
Avenue (South Side of Street Only); and
(p) West Clark Street, between North Second Avenue and North Fifth
Avenue.
(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.
PASSED by the City Council of the City of Pasco, Washington, on this 1st day of July,
2024.
APPROVED AS TO FORM:
___________________________
Kerr Ferguson Law, PLLC
City Attorneys
_____________________________
David Milne
Mayor Pro Tem
ATTEST:
_____________________________
Krystle Shanks, CMC
Deputy City Clerk
Published: Sunday, July 7, 2024
Ordinance – Amending PMC Section 9.80.035 - 4