Chapter 9.138
OFFENSES AGAINST PUBLIC ORDER

Sections:

9.138.010    Offenses against public order.

9.138.010 Offenses against public order.

A. Sitting or Lying on Public Sidewalks Prohibited. No person shall sit or lay down upon a public sidewalk, or upon a blanket, chair, stool, bollard, planter, railing or any other object placed upon a public sidewalk, during the hours between 7:00 a.m. and 9:00 p.m. in the following area:

1. Skagit First Step Center Neighborhood Zone. For the purposes of this section, is the area bounded by the streets, and other features hereafter named, including such streets and their abutting sidewalks and right-of-way: on the east bounded by the Burlington Northern Railroad right-of-way, on the south by East George Hopper Road, on the west by South Burlington Boulevard, and on the north by Gages Slough.

B. Prohibition – Skagit First Step Center Neighborhood Zone. No person shall sit or lie down upon a public sidewalk, street, curb, parking lot, parking stall, planting strip, street median, landscaping bed, parking lot median, parkway, trail or right-of-way or upon a blanket, chair, stool, bollard, planter, railing or any other object placed upon a public sidewalk, street, curb, parking lot, parking stall, planting strip, street median landscaping bed, parking lot median, parkway, trail or right-of-way within the Skagit First Step Center Neighborhood Zone established by ordinance.

C. Exceptions. The prohibitions in subsections (A) and (B) of this section shall not apply to any person:

1. Sitting or lying down due to a medical emergency;

2. Who, as the result of a disability, utilizes a wheelchair, walker, or similar device to move about the public right-of-way;

3. Operating or patronizing a commercial establishment conducted on the public right-of-way 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 right-of-way pursuant to a street use or other applicable permit;

4. Sitting on a chair or bench located on the public right-of-way 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 chapter 8.12 (Nuisances), 9.35 (Arson, Reckless Burning and Malicious Mischief), 9.37 (Burglary and Trespass), 9.39 (Theft and Robbery), 9.44 (Public Indecency and Prostitution), 9.54 (Public Disturbance), or 9.56 (Liquor Offences) BMC.

D. No person shall be cited under this section unless the person engages in conduct prohibited by this section after having been notified by a law enforcement officer that the conduct violates this section.

E. A violation of this section shall be a civil infraction and shall subject the violator to a fine of up to $250.00, plus statutory assessment. 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. The default amount shall be $50.00, plus mandatory statutory assessments, if any are required.

F. Notwithstanding and in lieu of the penalties provided under subsection (E) of this section, a person violating this section shall, upon conviction for a third or subsequent offense, be guilty of having committed a criminal misdemeanor and shall be punished by a fine not to exceed $1,000 or imprisonment not to exceed 90 days, or by both such fine and imprisonment. (Ord. 1908 § 2, 2021).