HomeMy WebLinkAbout2007-06-18 Ordinance 4955., .
follows:
ORDINANCE NO. 4955
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING SECTION 9.48.025 (SITTING OR LYING ON
UNIVERSITY A VENUE PUBLIC SIDEWALKS PROHIBITED) OF
TITLE 9 [PUBLIC PEACE, MORALS AND SAFETY] TO EXPAND
THE AREA EFFECTED BY THE SECTION AND TO ADD AN
EXEMPTION FOR BUS ZONES
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Findings and Declarations. The City Council finds and declares as
(a) Sitting or lying down on the public sidewalk within the unusually congested
downtown area surrounding University Avenue during the hours of 11 :00 a.m. to 11 :00 p.m.,
when sidewalks are heavily used by pedestrians, distracts those pedestrians from their need to be
alert for potential tripping or slipping hazards in the sidewalk, to avoid other pedestrians and
sidewalk utility poles, fire hydrants, street furniture, street trees and tree planter wells, news
racks, and other such obstacles and to be prepared to move along the sidewalk and across the
street at intersections without interruption; and,
(b) Sitting or lying down on the sidewalks of this unusually busy area results in
the delay and obstruction of the public's free flow of travel, and results in congestion and
blockage of the sidewalks when pedestrians are required to constrict and redirect their passage,
often into the street, in order to avoid persons sitting or lying down on the sidewalk; and,
(c) Distracted pedestrians are more prone to be involved in accidents, and
accidents on the public sidewalks constitute a substantial safety problem which further impedes
and prevents the orderly flow of pedestrian traffic, is unsafe not only for the person sitting or
lying down on the sidewalk but also for pedestrian traffic sharing the same limited sidewalk
space; and,
(d) The cumulative impact of this type of activity on the city's sidewalks in this
downtown area on a daily basis has created a potential safety hazard, which poses a significant
and substantial risk to the interest of the public in the free flow of travel in the city.
SECTION 2. Section 9.48.025 (Sitting or lying on University Avenue public
sidewalks prohibited) of Title 9 [Public Peace, Morals and safety] of the Palo Alto Municipal
Code is hereby amended to read as follows:
"9.48.025 Sitting or lying on public sidewalks in the University Avenue area
commercial downtown Palo Alto is prohibited.
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(a) No person shall sit or lie down upon the public sidewalk, or upon a blanket,
chair, stool, or any other object placed upon the public sidewalk within 50 feet of any
commercial property between Lytton Avenue and Channing Avenue from Alma Street to
Emerson Street and the area between Lytton Avenue and Forest Avenue from Emerson Street to
Webster Street during the hours between 11 :00 a.m. and 11 :00 p.m.
(b) The prohibition set forth above in this section shall not apply to:
(1) Any person sitting or lying down on the sidewalk due to a medical
emergency;
(2) Any person who, as the result of a disability, utilizes a wheelchair or
similar device to move about the public sidewalk;
(3) Any child accompanied by an adult who is seated in and using a
stroller, or similar device, to move about the public sidewalk;
(4) Any person sitting or lying down upon a chair, bench or planter box
wall located on the public sidewalk which is placed there by a public agency;
(5) Any person sitting or lying down upon a chair or bench located upon
the public sidewalk which is placed there by an abutting private property owner or tenant
pursuant to a commercial sidewalk encroachment permit, temporary lease, or temporary street
closure permit;
(6) Any person sitting or lying down while conducting, attending, or
participating in an activity or event which is authorized by a lawfully issued temporary street
closure permit or other permit issued by the city which permits use of the public sidewalk;
(7) Sitting on a public sidewalk within a bus zone while waiting for
public or private transportation.
(c) 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 he
or she is in violation of the prohibition in this Section 9.48.025 Sitting or lying on public
sidewalks in commercial downtown Palo Alto is prohibited.
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of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
This ordinance shall be effective on the thirty-first day after the date
June 04, 2007
June 18, 2007
BEECHAM, CORDELL, DREKMEIER, KISHIMOTO, KLEIN,
KLEINBERG, MORTON, MOSSAR
BARTON
~~ City Clerk ~
AS TO FORM:
Services
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