HomeMy WebLinkAboutOrdinances_2826_CCv0001.pdf ORDINANCE NO. 2826
AN ORDINANCE OF THE CITY OF REDLANDS ADDING CHAPTER 12.47 TO
THE REDLANDS MUNICIPAL CODE RELATING TO SITTING OR LYING
DOWN ON SIDEWALKS IN THE CITY'S DOWNTOWN COMMERCIAL AREA
AND AMENDING CHAPTER 12.44 RELATING TO PROHIBITED CONDUCT IN
PUBLIC PARKS
WHEREAS,the types of businesses concentrated in the commercial area of downtown
Redlands, including numerous restaurants, specialty shops and clothing stores,tend to draw
significant pedestrian traffic; and
WHEREAS,the sidewalks in the commercial area of downtown Redlands become
congested between 8:00 a.m. and 2:30 a.m.; and
WHEREAS, individuals sitting down or lying on the public sidewalks in the
commercial area of downtown Redlands 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 in order to avoid persons sitting or lying
down on the sidewalk; and
WHEREAS, distracted pedestrians are more prone to be involved in accidents, which
prevent the orderly flow of pedestrian traffic and create an unsafe situation not only for the
person sitting or lying down on the sidewalk, but also for pedestrian traffic sharing the same
limited sidewalk space; and
WHEREAS, the cumulative impact of this type of activity on the public sidewalks in
the commercial area of downtown Redlands creates a potential safety hazard and poses a risk
of harm to the public; and
WHEREAS, individuals sitting or lying upon the tops of publicly owned tables and
picnic benches in public parks, including parks located within the commercial area of
downtown Redlands, inhibit and prohibit the use of such tables and picnic benches by
members of the public for the purposes for which such tables and picnic benches are made
available to the public by the City;
THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS FOLLOWS:
Section 1. Chapter 12.47 of the Redlands Municipal Code, entitled "Sitting or lying
Down on Sidewalks in the Downtown Cozrunercial Area," is hereby added to read as follows:
"CHAPTER 12.47
Sitting or Lying Down on Sidewalks in the Downtown Conunercial Area
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12.47.010: DEFINITIONS.
12.47.020: SITTING OR LYING ON SIDEWALKS PROHIBITED.
12.47.030: EXCEPTIONS.
12.47.040: WARNING.
12.47.050: VIOLATION; PENALTY.
12.47.010 Definitions. For purposes of this Chapter the following words and phrases shall
have the meanings ascribed to them:
A. "Commercial Area of Downtown Redlands" shall mean that geographical area bounded
by Eureka Street on the west, Pearl Avenue on the north, Church Street on the east, and
Olive Avenue on the south.
12.47.020 Prohibition. 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, in the commercial area
of downtown Redlands during the hours from 8:00 a.m. to 2:30 a.m.
12.47.030 Exceptions.
A. The prohibition set forth in section 12.47.020 of this Chapter 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 upon a,chair, bench, or planter box wall which has been
designed to be sat upon, located on the public sidewalk and 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 was placed there by an abutting private property owner or tenant
pursuant to a sidewalk encroaclunent permit, or temporary street closure permit;
(6). Any person sitting or lying down while conducting, attending or participating
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in any activity or event which is authorized by a lawfully issued temporary street
closure pen-nit or other permit issued by the City which permits use of the public
sidewalk;
(7). Any person sitting on a public sidewalk within a bus zone while waiting for
public or private transportation.
12.47.040 Warning. No person shall be cited under this Chapter unless the person engages in
conduct prohibited by this Chapter after having been notified by a law enforcement officer that he
or she is in violation of the prohibition of this Chapter.
12.47.050 Violation; Penalty. Any person violating any of the provisions of this chapter is
guilty of misdemeanor, and upon conviction thereof shall be punishable by a fine not exceeding
one thousand dollars ($1000.00) or by imprisonment for not exceeding six (6) months, or by both
such fine and imprisoninent."
Section 2. Section 12.44.192, entitled "Tables and Picnic Benches; Conduct
Prohibited," is hereby added to the Redlands Municipal Code to read as follows:
"12.44.192 Tables and Picnic Benches; Conduct Prohibited.No person shall sit upon or lie
down on the top of any publicly owned table or picnic bench except due to a medical emergency."
Section 3. The City Council hereby determines that the adoption of this ordinance is
exempt from review under the California Environinental Quality Act ("CEQA") pursuant to State
CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no
possibility that such action will have a significant effect on the enviromnent.
Section 4. The Mayor shall sign this ordinance and the City Clerk shall certify to the
adoption of this ordinance and shall cause it, or a su>nmary of it, to be published once in the
Redlands Daily Facts, a newspaper of general circulation within the City, and thereafter, this
ordinance shall take effect as provided by law.
0 ___._`
Paul W. Foster Mayor
ATTEST:
Sam Irwin, City Clerk
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I, Sam Irwin, City Clerk, City of Redlands, hereby certify that the foregoing Ordinance was duly
adopted by the City Council at the regular meeting thereof,, held on the 3rd day of November 2015,
by the following vote:
AYES: Councilmembers Harrison, Gilbreath, Barich, James; Mayor Foster
NOES: None
ABSENT: None
ABSTAIN: None
Sam Irwin, City Clerk
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