§ 723-76. Sitting and Lying Within the Public Rights-of-Way Prohibited.

(a)

No person shall sit or lie down, or otherwise block a public sidewalk, or sit or lie upon a blanket, chair, stool, or any other object placed upon a public sidewalk, in any area designated for commerce, in a manner which recklessly interferes with pedestrian, vehicular, or other traffic.

(b)

No person shall lie down upon a public bench within the right of way in any area designated for commerce, in a manner which recklessly interferes with the use or enjoyment of the public.

(c)

Definitions: For purposes of this section the following terms are defined accordingly:

(1)

"Public Sidewalk" shall mean the portion of a street lying between the established or presumable curb line and the adjacent property line; the portion set aside for pedestrian use. The curb shall be considered a part of the sidewalk. "Sidewalk" shall also mean all elevated public walkway systems and concourses in both public right-of-way and private easements, and all vertical means of access and egress including, but not limited to, stairways, escalators, and elevators.

(2)

"Area designated for commerce," means either of the following:

(a)

The Downtown Development District (DD), as defined in Chapter 1411 of the Cincinnati Municipal Code.

(b)

Neighborhood Business Districts, defined as those area zoned CN-P, CN-M, CC-P, CC-M, CC-A, CG-A, OL, OG, MG, and ML in Title 14 of the Cincinnati Municipal Code.

(3)

"Public bench" shall mean any bench, chair, stool, or any other object intended for sitting, located within the public right-of-way and provided for the use of the public, when said bench is either supplied by or approved by the City of Cincinnati.

(d)

Exceptions. The prohibitions in subsection (a) shall not apply under any of the following circumstances:

(1)

To any person sitting or lying down on a public sidewalk due to a medical emergency or illness;

(2)

To any person who, as a result of a disability, utilizes a wheelchair, walker or similar device to move about the sidewalk;

(3)

To a child who is utilizing a stroller or similar device to move about the public sidewalk;

(4)

To any person who is a proprietor, patron or employee of an establishment or vendor duly authorized or licensed by the City of Cincinnati to conduct business in the public right-of-way;

(5)

To any person participating in or attending a parade, festival, performance, rally, demonstration, meeting or other similar event conducted on the public sidewalk pursuant to a street use or other applicable permit;

(6)

To any person sitting on a public sidewalk within ten feet of a duly erected bus stop erected by either the Southern Ohio Regional Transit Authority (SORTA) or the Transit Authority of Northern Kentucky; or

(7)

Sitting on a bench, chair, stool, or any other object intended for sitting, located within the public right-of-way and provided for the use of the public, when said bench is either supplied by or approved by the City of Cincinnati.

(e)

Citation. No person shall be cited under this section unless the person engages in conduct prohibited by this section after being notified by a law enforcement officer that the person is in violation of the prohibition of this section.

(f)

Each section and each part of each section of this ordinance is hereby declared to be an independent section and part of a section and, notwithstanding another evidence of legislative intent that if any section or part of section, or any provision thereof, or the application thereof to any person or circumstances, is held to be invalid, the remaining sections or parts of sections and the application of such provision to any other person or circumstances, other than those as to which it is held invalid, shall not be affected thereby, and it is hereby declared to be the legislative intent that provisions of this ordinance would have been adopted independently of such section, sections or parts of a section so held invalid.

(g)

Whoever violates this section is guilty of a misdemeanor of the fourth degree.

(Ordained by Ord. No. 155-1995, eff. June 2, 1995; a. Ord. No. 367-1995, eff. Nov. 8, 1995; a. Ord. No. 139-1999, eff. May 21, 1999; a. Ord. No. 307-2006, § 1, eff. Nov. 25, 2006)