HomeMy WebLinkAbout10-19-2021 Pedestrian Interference CodeOrdinance Revising the
Pedestrian Interference Code
City Council Meeting
October 19, 2021
Background
City regulates public property
City property and parks, public rights -of -way, and areas
within the rights -of -way such as sidewalks and benches.
Pedestrian Interference code enacted years ago with
several modifications over time.
Citizens have expressed concerns about safe and
effective use of public property.
04V OF
Existing Code
Makes it a misdemeanor for a person, while in the
public right-of-way, to intentionally obstruct
pedestrian or vehicular traffic by walking, standing,
sitting, lying, or placing an object in a manner to block
pedestrians or vehicle operators.
Defines "roadway" the same as in state law.
Exempts persons engaged in development,
maintenance, and construction type of work from the
restrictions of the section.
Proposed Ordinance
Adds language explicitly prohibiting:
Sitting or lying on sidewalks or items placed on
sidewalks, except as exempted by this section; and
Use of benches in the public right-of-way, and bus stops
that unreasonably prevents/interferes with public use or
pedestrian access around it.
Adds clear exemptions to restrictions for people with
disabilities, activities with an issued permit, etc.
Adds a definition of "sidewalk" as it is currently
defined in the FWRC for consistency and clarity.
Proposed Ordinance
Follows current case law on restrictions and equal
application.
Clarifies existing language for increased organization
and enforceability.
Adds detail and provisions defining the violation to
ensure sidewalks and other areas within the public
rights -of -way are not obstructed and may be used by
the public as intended.
Enforcement
Misdemeanor
Not subject to enforcement unless:
• Officer notified the individual that the conduct violates
this section of FWRC; and
• The individual continues to fail to comply.
Equal Application
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Questions,,?
