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Council reviews rules for sidewalk obstructions, public seating and park use; considers 2-hour limit on benches and pavilions
Summary
Staff proposed prohibiting sitting or lying on public property in the downtown overlay (with exemptions), tightening sidewalk obstruction rules and adding a two-hour occupancy limit for benches, picnic tables and pavilions without a reservation to preserve public access.
City staff told council that enforcement gaps leave public rights-of-way and downtown amenities vulnerable to prolonged occupation that limits other residents' use. Staff proposed adding language (largely modeled on other jurisdictions' ordinances) that would prohibit sitting or lying on public property in the downtown overlay except in specified circumstances, and strengthen sidewalk-obstruction and ADA-accessibility rules.
Proposed downtown overlay prohibitions and exemptions
- Staff proposed a downtown-only rule preventing sitting or lying on public property at all times in the downtown overlay, with limited exemptions for medical emergencies and for persons participating in organized events (parades, festivals, rallies) provided they do not obstruct the sidewalk.
- Council asked staff to clarify the status of seating provided under sidewalk licenses (for example, outdoor restaurant seating). Staff said they would ensure license agreements and encroachment permits give businesses the ability to control furniture they provide and to ensure patrons, not non-patrons, occupy those seats.
Parks and pavilion occupancy
Staff also proposed removing a code line that required an officer to request removal before issuing a citation for after-hours presence. The change would make it unlawful to remain in a park outside posted hours and would allow citation without repeated warnings. Staff further proposed a two-hour maximum on occupying benches, picnic tables or pavilions unless the person has a reservation; the time limit would apply per park in a 24-hour period to prevent "bench-to-picnic-table" rotation from monopolizing facilities.
Rationale and next steps
Staff said the changes are intended to preserve shared public access, improve ADA compliance, and reduce the number of repeat calls for service. Council asked staff to draft clear license-language for downtown seating and to return with ordinance language that balances public access, business operations and civil-rights protections. Staff said they will bring refined draft language back to council.
