Chapter 9.48
INTERFERING WITH USE OF STREETS, ALLEYS OR SIDEWALKS
Sections:
9.48.010 Prohibited conduct.
Every person who commits any of the following acts is guilty of a misdemeanor:
(1) Sitting or Lying Down on Sidewalks in Business District.
(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 Westport Marina District as defined in WMC 17.36.245, during the hours of 6:00 a.m. to 11:00 p.m. This subsection shall not be enforced against individuals when no available shelter space exists within a reasonable distance of the city.
(B) Exceptions. The prohibition in subsection (A) of this section shall not apply to any person who:
(i) Is sitting or lying down due to a medical emergency;
(ii) Utilizes a wheelchair, mobility aid, walker, or similar device due to a disability;
(iii) Is operating or patronizing a commercial establishment on the sidewalk pursuant to a valid street use permit;
(iv) Is participating in or attending a parade, festival, performance, rally, demonstration, meeting, or similar event conducted pursuant to a street use or other applicable permit;
(v) Is sitting on a chair or bench located on the sidewalk that is supplied by a public agency or the abutting private property owner;
(vi) Is sitting within a designated bus stop zone while waiting for public or private transportation.
(C) Enforcement. No person shall be cited under this section unless they continue the prohibited conduct after having been notified by a law enforcement officer that the conduct violates this section.
(2) Obstruction by Personal Property. It is unlawful to place, cause to be placed, or allow to remain any personal property on or over any sidewalk, crosswalk, or street in a manner that unreasonably interferes with pedestrian travel or creates a safety risk as determined by the city’s adopted sidewalk standards.
(3) Vehicles on Sidewalks. It is unlawful to ride, drive, move, or propel any vehicle on a sidewalk, except for:
(A) Strollers or carriages for children;
(B) Mobility aids used by persons with disabilities;
(C) City equipment used for official purposes.
(4) Property Maintenance. It is unlawful to maintain property in a manner such that dirt, refuse, or other materials fall or accumulate upon a sidewalk or street. This includes, but is not limited to, yard waste, garbage, construction debris, or other materials likely to cause blockage, injury, or environmental harm. The responsible party must promptly remove the material.
(5) Defacing Sidewalks. It is unlawful to intentionally deface a sidewalk by engraving, painting, marking, or otherwise altering the surface in a manner that causes damage or permanent alteration. This section does not apply to temporary markings such as chalk used for expressive activity.
(6) Obstructing Pedestrian or Vehicular Traffic. It is unlawful to intentionally cause pedestrians or motorists to gather in such a way that materially obstructs sidewalk or street use and refuse to disperse when directed by law enforcement.
(7) Tampering with Barriers. It is unlawful to remove or alter any barrier placed across a street or sidewalk by an authorized city official, or to drive or walk around or over such barrier. This section does not apply when necessary to avoid injury or in response to a medical emergency.
(8) Unauthorized Solicitation. It is unlawful to engage in door-to-door or sidewalk-based commercial solicitation of subscriptions without first obtaining a street use or solicitation permit issued under applicable city permitting code. Nothing in this section shall restrict noncommercial expressive activity protected by the U.S. or Washington Constitution. (Ord. 1709, 2025; Ord. 351 § 40, 1969)