Chapter 10.68
SITTING OR LYING ON PUBLIC SIDEWALKS IN DOWNTOWN AND NEIGHBORHOOD COMMERCIAL ZONES

Sections:

10.68.010    Prohibition.

10.68.020    Exceptions.

10.68.030    Notice.

10.68.040    Penalty.

10.68.010 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 7:00 a.m. and 9:00 p.m. in the following zones:

A. Downtown zone, 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 3rd Street NE and 3rd Street NW.

B. Neighborhood commercial zones, defined as the following areas:

1. The sidewalks beginning 100 yards to the North, South, East and West of the intersection of East Main Street and “M” Street, and including sidewalks on all sides of this intersection;

2. The sidewalks on the North and South sides of 15th Street NE and on the North and South 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. (Ord. 5320 § 1, 1999.)

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

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 owner. (Ord. 5320 § 1, 1999.)

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. (Ord. 5320 § 1, 1999.)

10.68.040 Penalty.

A. The violation of this chapter shall be a civil infraction as contemplated by Chapter 7.80 RCW, Civil Infractions, and deemed to be a Class 3 civil infraction under RCW 7.80.120(C) and shall subject the violator to a maximum penalty and a default amount of $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 7.80.060:

1. The refusal to sign a notice of civil infraction when requested to do so by the law enforcement officer issuing the notice of infraction is a misdemeanor punishable in accordance with ACC 1.24.010; and

2. The willful violation by a person to whom a notice of infraction has been issued of 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 a misdemeanor punishable in accordance with ACC 1.24.010, regardless of the disposition of the notice of civil infraction. (Ord. 5683 § 32, 2002; Ord. 5320 § 1, 1999.)