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HomeMy WebLinkAbout5320 ORDINANCE NO. 5 3 2 0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, ADOPTING A NEW CITY CODE CHAPTER 10.68 ENTITLED "SITTING OR LYING ON PUBLIC SIDEWALKS IN DOWNTOWN AND NEIGHBORHOOD COMMERCIAL ZONES". WHEREAS, Pursuant to RCW 35A.11.020 entitled "Powers vested in legislative bodies of noncharter and charter code cities" the Council of the City of Auburn has been provided the power to regulate its local municipal affairs appropriate to the good government of the city; and WHEREAS, Washington State Constitution article XI section 11 grants to local governments the police power to enact legislation to protect the health, safety and welfare of its citizens; and WHEREAS, Public sidewalks in business districts are created and maintained for the primary purposes of enabling pedestrians to safely and efficiently move about from place to place, facilitating deliveries of goods and services, and providing potential customers with convenient access to goods and services; and WHEREAS, during normal business hours, the public sidewalks in downtown and neighborhood commercial areas are prone to congestion, and should be kept available to service these primary purposes; and Ordinance No. 5320 Date November 30, 1999 Page 1 WHEREAS, except in places provided therefor or where reasonably necessary, sitting or lying on the public sidewalks in downtown and neighborhood commercial areas during the hours of greatest congestion interferes with the primary purposes of the public sidewalks, threatens public safety, and damages the public welfare; and WHEREAS, pedestrians, particularly the elderly, disabled, or vision- impaired, are put at increased risk when they must see and navigate around individuals sitting or lying upon the public sidewalks; and WHEREAS, the public welfare is promoted by economically healthy downtown and neighborhood commercial areas, which attract people to shop, work and recreate. These areas provide easily-accessible goods and services, employment opportunities, and tax revenues necessary to support essential public services, and the economic productivity necessary to maintain and improve property within these areas; and WHEREAS, in some circumstances people sitting or lying on the sidewalks deter many members of the public from frequenting those areas, which contributes to undermining the essential economic viability of those areas. Business failures and relocations can cause vacant storefronts, which contribute to a spiral of deterioration, and blight which harms the public health, Ordinance No. 5320 Date November 30, 1999 Page 2 people to the streets and sidewalks of the City's business districts, because the presence of many law abiding citizens serves as a deterrent to crime and increases the public's sense of security and safety of all; and WHEREAS, there are numerous other places within the downtown and neighborhood commercial areas where sitting or lying down can be accommodated without unduly interfering with the safe flow of pedestrian traffic, impairing commercial activity, threatening public safety or harming the public welfare. These other places include city parks and plazas, alleyways, private plazas, arcades, and common areas open to the public, and generally on private property with the permission of the property owner. In addition, public sidewalks outside the designated business districts and all sidewalks outside the designated hours are available for sitting or lying down; and WHEREAS, the limited regulation of sitting or lying down on sidewalks is both reasonably necessary and appropriately balances the public interest and individual rights. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. PURPOSE. The purpose of this Ordinance is as follows: To promote pedestrian safety and economic vitality within the Downtown Zone and the Neighborhood Commercial Zones and reducing petty crime as Ordinance No. 5320 Date November 30, 1999 Page 3 adopted herein and as set forth in Exhibit "A" attached hereto and incorporated herein by this reference. . Section 2. Constitutionality or Invalidity. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance, as it being hereby expressly declared that this Ordinance and each section, subsection, sentence, clause and phrase hereof would have been prepared, \ proposed, adopted and approved and ratified irrespective of the fact that any one or more section, subsection, sentence, clause or phrase be declared invalid or unconstitutional. Section 3. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 4. Effective Date. This Ordinance shall take effect and be in force from and after five (5) days from date of publication. Ordinance No. 5320 Date November 30, 1999 Page 4 INTRODUCED: December 6, 1999 PASSED: December 6, 1999 APPROVED: December 6, 1999 CHARLES A. BOOTH MAYOR ATTEST: DA~N~ELLE DASKAM, City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney Ordinance No. 5320 Date November 30, 1999 Page 5 EXHIBIT "A" Title 10 VEHICLE AND TRAFFIC Chapter 10.68 Sections: 10.68.010 Prohibition 10.68.020 Exceptions 10.68.030 Notice 10.68.040 Penalty 10.68.0t 0 Prohibition. No person shall sit or lie down upon a public sidewalk, or upon a blanket, chair, stool or any other object placed upon a public sidewalk, during the hours of seven a.m. (7:00 a.m.) to nine p.m. (9:00 p.m.) in the following zones: A. Downtown Zone, is defined as the area east of "D" Street SW and "D" Street NW, north of 8th Street SE and 8th Street SW, west of "D" Street SE and "D" Street NE, and south of 3'd Street NE and 3fd Street NW. B. Neighborhood Commercial Zones, are defined as the following areas: Ordinance No. 5320 Date November 30, 1999 Page 7 2. The sidewalks on the North and South sides of 15th Street NE and on the North and Sought sides of 15th Street NW from the intersection with Auburn Way North to the intersection with West Valley Highway; 3. The sidewalks on the East and West sides of Auburn Way North from the intersection with 4th Street NE to the intersection with 15th Street NE; 4. The sidewalks on the North and South sides of 15th Street SW from the intersection with "C" Street SW to the intersection with the West Valley Highway. 10.68.020 Exceptions. A. Sitting or lying on a public sidewalk due to a medical emergency; Or B. Any person(s) who, as a result of a disability, utilizes a wheelchair, walker, or similar device to move about the public sidewalk; or C. Operating or patronizing a commercial establishment conducted on the public sidewalk pursuant to a street use permit; or a person participating in or attending a parade, festival, performance, rally, demonstration, meeting, or similar event conducted on the public sidewalk pursuant to a street use or other applicable permit; or D. Sitting on a public sidewalk within a bus stop zone while waiting for public or private transportation; or Ordinance No. 5320 Exhibit "A" November 30, 1999 Page 2 E. Sitting on a chair or bench located on the public sidewalk, which is supplied by the City of Auburn or an abutting private property Owrler. 10.68.030 Notice. No person will be cited under this chapter unless the person engages in conduct prohibited by this chapter after having been notified by a City of Auburn Police Officer that the conduct violates this Chapter. 10.68.040 Penalty. A. The violation of Auburn Municipal Code under Title 10, Chapter 10.68 shall be a civil infraction as contemplated by RGW 7.80 entitled "Civil Infractions" and deemed to be a Class 3 civil infraction under RGW 7.80.120© and shall subject the violator to a maximum penalty and a default amount of Fifty Dollars ($50.00) plus statutory assessments. If the person is unable to pay the monetary penalty, the court may order performance of a number of hours of community service in lieu of a monetary pena{ty. B. As contemplated by RGW 7.80.060, a person who fails to sign a notice of civil infraction or who willfully violates his or her written and signed promise to appear in court or his or her written and signed promise to respond to a notice of civil infraction 'is guilty of a misdemeanor regardless of the disposition of the notice of civil infraction. Ordinance No, 5320 Exhibit"A" November 30, 1999 Page 3