§ 4-7.1502.1. Prohibition of Obstructing Any Street, Sidewalk, or Public Place Within the Business District; Exceptions.

(a)

Findings. The Modesto City Council finds that pedestrian safety and the free flow of pedestrian traffic, as well as public safety in general, is substantially impaired by people sitting or lying on public sidewalks, streets, or other public places in a way that makes passage by others difficult. Such conduct presents a hazard, not only to pedestrians, but also to those who position themselves in such a way as to block public passage.

In addition, the Modesto City Council finds that public welfare is promoted by economically sound commercial areas within the City of Modesto. Easy accessibility to goods and services attracts both businesses and consumers and results in tax revenues to support public services. This results in an increase in economic productivity.

People who sit, lie down, or substantially obstruct pedestrian traffic inconvenience and intimidate patrons. This conduct leads to a rapid decline in commercial activity and economic growth. Such a decline ultimately threatens public safety, public health and the public welfare of the citizens.

(b)

Definitions. For purposes of this section, the following definitions apply:

(1)

"Public place" means an area open to the public and includes sidewalks, streets, alleys, bridges, parking lots, parks, plazas, and doorways and entrances to buildings.

(2)

"Business district" means any area zoned for business purposes by the zoning ordinances of the City of Modesto.

(c)

Prohibition; Exceptions. No person, after notification by a law enforcement officer that he or she is in violation of the prohibition stated in this section, shall sit, lie down or substantially obstruct the free passage of any person or persons on any street, sidewalk or other such public place in the business district of the City of Modesto during the hours between 7:00 a.m. and 12:00 a.m., except as provided below:

(1)

Sitting or lying down on a public sidewalk due to a medical emergency;

(2)

Using a wheelchair or similar device to move about the public sidewalk as a result of disability;

(3)

Operating or patronizing a commercial establishment conducted on the public sidewalk pursuant to an encroachment permit;

(4)

Participating in or attending a parade, festival, performance, rally, demonstration, meeting, or similar event conducted on the public sidewalk pursuant to any applicable permit;

(5)

Sitting on a chair or bench located on the public sidewalk and supplied by a public agency or by the abutting private property owner;

(6)

Sitting on a public sidewalk while waiting for public or private transportation;

(7)

Applying this section so that it would result in the interference with, or inhibition of, any exercise of the constitutionally protected right of freedom of speech or assembly.

(d)

Violation. A violation of the provisions of this section shall constitute an infraction.

(Added by Ord. 3023-C.S., § 2, effective 2-27-97)