HomeMy WebLinkAboutO-2157 - Adds Ch. 12.22, sitting or lying down on sidewalks (12.22)1-~-&L7J.
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CITY OF MARYSVILLE
Marysville,Washington
ORDINANCE NO.;;2./57
AN ORDINANCE OF THE CITY OF MARYSVILLE,WASHINGTON
CREATING A NEW CHAPTER 12.22 OF THE MARYSVILLE MUNICIPAL
CODE.
The City Council of the City of Marysville make the
following Findings of Fact:
1.On October 27,1997,the Marysville City Council
held a public hearing to consider the adoption of regulations
relating to intentional aggressive begging,pedestrian or
traffic interference,and sitting or lying down on public
sidewalks;and
2.Marysville Police Department has reported not less
than 67 incidents between January and October,1997 relating
to begging,panhandling,unwanted guests,trespass,public
intoxication,urination in public,interference with business
customers,and sitting or lying on public sidewalks in and
around businesses and residences in the City of Marysville,
and related incidents,a listing of such incidents which was
made a part of the record of said public hearing;and
3.At said public hearing,owners or managers of
Marysville businesses testified to numerous incidents
relating to transient persons and panhandlers aggressively
begging,interfering with customers,interfering with
customers'access to such businesses,following customers to
and from their vehicles,and causing a degradation of the
downtown business area due to incidents of intoxication,
shoplifting,unsanitary conditions,and intimidation of
customers or prospective customers,all of which was made a
part of the public hearing record;and
4.Based upon the testimony of the Marysville Police
Department,Marysville business owners,residents and the
entire public record made at said public hearing,the
Marysville City Council finds that there is a legitimate and
documented need for regulations relating to intentional
aggressive begging,pedestrian or traffic interference,and
sitting or lying on public sidewalks,and that such
regulations will serve the public health,safety and welfare
of the citizens of the City of Marysville;
/wpf/mv/sitting.ord 1
",
NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF
MARYSVILLE,WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1.A new chapter 12.22 of the Marysville
Municipal Code is hereby created and enacted,reading as
follows:
12.22.010 Sitting or lying down on public sidewalks in
downtown commercial zones.
A.Prohibition.No person shall sit or lie down
upon a public sidewalk,or upon a blanket,chair,stool
or other object placed upon a public sidewalk,within
the City of Marysville during the hours between six a.m.
(6:00 a.m.)and twelve o'clock Midnight (12:00
Midnight).
B.Exceptions.The prohibition in subsection A
shall not apply to any person:
1.Sitting or lying down on a public
sidewalk due to a medical emergency;
2.Who,as a result of a disability,
utilizes a wheelchair,walker or similar device to
move about the public sidewalk;
3.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;
4.Sitting on a chair or bench located on
the public sidewalk which is supplied by a public
agency or by the abutting private property owner;
5.Sitting on a public sidewalk within a bus
stop zone while waiting for public or private
transportation.
Nothing in any of these exceptions shall be
construed to permit any conduct which is prohibited by
MMC Chapter 6.37,pedestrian interference.
C. No person shall be cited under this section
unless the person engages in conduct prohibited by this
jwpf/mv/sitting.ord 2
section after having been notified by a law enforcement
officer that the conduct violates this section.
12.22.020 Civil infraction.
A.The violation of MMC §12.22.010 shall be a
civil infraction as contemplated by RCW Chapter 7.80,
and deemed to be a Class 3 civil infraction under RCW
7.80.120(d)and shall subject the violator to a maximum
penalty and a default amount of Fifty Dollar ($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 penalty.
B. As contemplated by RCW 7.80.160,a person who
fails to sign a notice of civil infraction or who
wilfully 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.
PASS~D by the City Council and APPROVED by the Mayor
this '3rcY day of Mal/ern 6~,1997.
CITY OF MARYSVILLE
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MAYOR
ATTEST:
B~~LERK
Approved as to form:
LJ~k.CJ~
CITY ATTORNEY
Date of Publication:
Effective Date (5 days after publication):
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