HomeMy WebLinkAbout1847 ORDINANCE NO. 1847
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SECTION 12.12.050 OF, AND
ADDING SECTION 12.12.055 TO, THE PALM SPRINGS
MUNICIPAL CODE PERTAINING TO SITTING OR LYING
ON SIDEWALKS IN DOWNTOWN PALM SPRINGS.
_City Attorney Summary
The current Palm Springs Municipal Code has a general
prohibition against loitering. This Ordinance amends these
provisions and includes a prohibition against specific
conduct that can obstruct or interfere with pedestrian access,
including sitting or lying down on a public sidewalk.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, FINDS:
A. The types of businesses concentrated in downtown Palm Springs on Palm
Canyon Drive and Indian Canyon Drive, and the side streets between Palm Canyon
Drive and Indian Canyon Drive, from Ramon Road to Vista Chino, including numerous
restaurants, clothing stores, and specialty shops, tend to draw significant pedestrian
traffic.
B. The sidewalks in downtown Palm Springs become unusually congested,
particularly between the hours of 7:00 a.m. and 11:00 p.m.
C. Individuals sitting or lying down on the public sidewalks in this unusually
busy area create a potential tripping hazard for pedestrians and distract pedestrians
from their need to be alert for other tripping or slipping hazards on 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.
D. Individuals sitting or lying down on the public 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.
E. 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
F. The cumulative impact of this type of activity on the public sidewalks in
downtown Palm Springs on a daily basis has created a potential safety hazard and
Ordinance No. 1847
Page 2
poses a significant and substantial risk to the interest of the public in the free flow of
travel in the City.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ORDAINS:
SECTION 1. Section 12.12.050 of the Palm Springs Municipal Code is amended
to read:
12.12.060 Loitering — Obstructing traffic.
It is unlawful for any person to stand upon any street, sidewalk or other public
way open for pedestrian travel, or otherwise occupy any portion thereof in such a
manner as to annoy or molest any pedestrian thereon, or so as to obstruct or
unreasonably interfere with the free passage of pedestrians, motor vehicles, or other
modes of travel.
SECTION 2. Section 12.12.055 is added to the Palm Springs Municipal Code to
read:
12.12.055 Sitting or Lying on Public Sidewalks Downtown — Prohibited.
(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, on Palm
Canyon Drive or Indian Canyon Drive or the side streets between, from Ramon Road to
Vista Chino during the hours from 7:00 a.m. to 11:00 p.m.
(b) The prohibition set forth in section (a) above 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 was placed there by an abutting private
property owner or tenant pursuant to a commercial sidewalk
encroachment permit, temporary lease, or temporary street closure permit;
Ordinance No. 1847
Page 3
(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) Any person 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 of this section."
SECTION 3. The Mayor shall sign and the City Clerk shall certify to the passage
and adoption of this Ordinance and shall cause the same, or the summary thereof, to be
published and posted pursuant to the provisions of law and this Ordinance shall take
effect thirty (30) days after passage.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 5T" DAY OF MARCH, 2014.
,Y44
STE EN P. POUGNE , MAYOR
ATTEST:
AMES THOMPSON, CITY CLERK
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Ordinance No. 1847 is a full, true and correct copy, and was introduced at a regular
meeting of the Palm Springs City Council on the 19TH day of February, 2014, and
adopted at a regular meeting of the City Council held on the 5th day of March, 2014, by
the following vote:
AYES: Councilmember Foat, Councilmember Lewin, Councilmember Mills, Mayor
Pro Tern Hutcheson, and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None.
ES THOMPSON, CITY CLERK
ity of Palm Springs, California 6.3 /Fq J2,6r+
Ordinance No. 1847
Page 3
(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) Any person 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 of this section."
SECTION 3. The Mayor shall sign and the City Clerk shall certify to the passage
and adoption of this Ordinance and shall cause the same, or the summary thereof, to be
published and posted pursuant to the provisions of law and this Ordinance shall take
effect thirty (30) days after passage.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 2"d DAY OF APRIL, 2014. p
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STEP EN P. POUGNET, MAYOR
ATTEST:
)AM—ESTHOMPSON, CITY CLERK
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Ordinance No. 1847 is a full, true and correct cop , and was introduced at a regular
meeting of the Palm Springs City Council on the 19T day of February, 2014, adopted at
a regular meeting of the City Council held on the 5th day of March, 2014, and readopted
at a regular meeting of the City Council held on the 2"d day of April, 2014, by the
following vote:
AYES: Councilmember Foat, Councilmember Lewin, Councilmember Mills, Mayor
Pro Tern Hutcheson, and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None.
ES THOMPSON, CITY CLERK
ity of Palm Springs, California