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Home My WebLink AboutORD 2025-30 - Amending Code Section 9.12 and 12.03.040 related to sitting or laying down in publicORDINANCE NO. Z2 ,ICJ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, AMENDING SECTIONS 9.12.030 AND 9.12.035 OF THE CODE OF ORDINANCES RELATED TO SITTING, LAYING DOWN OR SLEEPING IN PUBLIC; ADDING SECTIONS 9.12.040 AND 9.12.050 RELATED TO AGGRESSIVE PANHANDLING, SOLICITING; AMENDING 12.03.040 RELATED TO OBSTRUCTING SIDEWALKS; PROVIDING FOR A PENALTY PURSUANT TO CHAPTER 1.08.010; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Charter grants the City Council the authority to review and update certain chapters in the Code of Ordinances; and WHEREAS, the City Council finds that the City has a compelling interest in encouraging and preserving a vital, pedestrian -friendly downtown, promoting tourism and business in the downtown, preserving the quality of life of its residents, protecting its residents from intimidating behavior, and encouraging businesses where walking is a realistic alternative to vehicles; and WHEREAS, the City Council finds the City has an interest in ensuring sidewalks remain clear of obstructions and the City remain in compliance with the Americans with Disabilities Act; and WHEREAS, the City Council finds that in the Downtown Overlay District, an area with a high -volume of pedestrian traffic, the City has a public interest in prohibiting a person from sitting or laying down on a public sidewalk, street, alleyway, or property to ensure public rights of way remain clear of obstructions; to prevent disruption to residents, businesses, and customers; and to prevent the loss of access to and enjoyment of public places; and WHEREAS, the City Council finds that individuals who aggressively panhandle or solicit contribute to a sense of fear, intimidation, and disorder; are disruptive to residents, businesses, and customers; may discourage, block, or inhibit the free passage of pedestrians; and contribute to the loss of access to and enjoyment of public spaces; and WHEREAS, the City Council finds it to be in the best interest of the public to establish the amendments to the Code of Ordinances, as set out herein. Ordinance Number: 0 Pagel of 3 Subject: Amending ect�9.12.030, 9.12.035, 12.03.040; and adding Sections 9.12.040 and 9.12.050 to Code of Ordinances Date Approved: , 12'11 ZQ NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: Section 1. The meeting at which this ordinance was approved was conducted in compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 2. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. Section 3. Sections 9.12.030 and 9.12.035 of the Code of Ordinances are hereby amended as shown in Exhibit A. Section 4. Section 9.12.040 and 9.12.050 of the Code of Ordinances is hereby added as shown in Exhibit B. Section 5. Section 12.03.040 of the Code of Ordinances is hereby amended as shown in Exhibit C. Section 6. All ordinances or resolutions that conflict with the provisions of this ordinance are hereby repealed, and all other ordinances or resolutions of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 7. If any provision of this ordinance, or application thereof, to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this ordinance, which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable. Section 8. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This Ordinance shall become effective and be in full force and effect ten (10) days after publication in accordance with the provisions of the City Charter of the City of Georgetown. PASSED AND APPROVED on First Reading on the / A of 2025. PASSED AND APPROVED on Second Reading on the 247-)thof , 2025. Ordinance Number: A , 5 —IM Page 2 of 3 Subject: Amending Sections 9.12.030, 9.12.035, 12.03.040; and adding Sections 9.12.040 and 9.12.050 to Code of Ordinances Date Approved: ATTEST: CITY OF (;CORgE'TOWN, TEXAS: Robyn D smore, Secretary Josh pchroeder, Mayor APPROVED AS TO FORM: kye Nfasson, City Attorney Ordinance Number: 7—C)A6 — Page 3 of 3 Subject: Amending Sections 9.12.030, 9.12.035, 12.03.040; and adding Sections 9.12.040 and 9.12.050 to Code of Ordinances Mtc r\ppioved: :S,,,4, ZKI 202.5 EXHIBIT A Sec. 9.12.030. Sitting or Lying Down in Public Prohibited. A. Applicability. This section applies in the Downtown Overlay District. B. If after having been notified by a law enforcement officer within the previous twelve (12) months that the conduct violates this section then it shall be unlawful for a person to sit or lay down on a public sidewalk, street, alleyway, or property. C. This section does not apply to a person who: 1. sits or lies down because of a medical emergency; 2. operates or patronizes a commercial establishment that conducts business on the sidewalk; 3. participates in or views a parade, festival, performance, rally, demonstration, or similar event; 4. sits on a chair or bench that is supplied by a public agency or by the abutting private property owner; 5. sits within a bus stop zone while waiting for public or private transportation; or 6. is waiting in a line for goods, services, or a public event. D. It is an affirmative defense to prosecution if a person sits or lies down as the result of a disability as defined by the Americans with Disabilities Act. Sec. 9.12.035. Sleeping in public place in the nighttime. It shall be unlawful for a person to lay down or be asleep in the nighttime in any street, alley, highway, square, sidewalk, or other public place, not belonging to him, unless laying down or sleeping in public place is in conjunction with a special event, is not a nuisance or in violation of any other City ordinance, and receives written approval of the City Manager, or designee. Ordinance Number: Page 1 of 1 Subject: Amending Sections 9.12.030, 9.12.035, 12.03.040; and adding Sections 9.12.040 and 9.12.050 to Code of Ordinances, Exhibit A Date Approved: EXHIBIT B Sec. 9.12.040. Aggressive panhandling or soliciting prohibited. A. As used in this section, "solicit" or "panhandle" means to request, by the spoken, written, or printed word, or by other means of communication request an immediate or future donation or transfer of money or another thing of value from another person, regardless of the purpose or intended use of the money or other thing of value. B. It shall be unlawful for a person to aggressively panhandle or solicit in public streets, sidewalks, or from street medians within the City limits. C. As used in this section, aggressively panhandling or soliciting means: 1. Using violent or threatening gestures toward a person panhandled or solicited; 2. Continuing to solicit from a person after the person has given a negative response to such panhandling or soliciting; 3. Intentionally touching or causing physical contact with another person without that person's consent in the course of panhandling or soliciting; 4. While panhandling or soliciting, intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, including causing a pedestrian or vehicle operator to take evasive action to avoid physical contact; 5. Panhandling or soliciting money from anyone who is waiting in line for tickets, for entry to a building, or for any other purpose; or 6. An individual or group of two or more persons approaching or following a person to panhandle or solicit in a manner and with conduct, words, or gestures intended or likely to cause a reasonable person to fear imminent bodily harm; fear damage to or loss of property; or otherwise to be harassed or intimidated into giving money or other thing of value. Sec. 9.12.050. Violation —Penalty. Any person found to have violated this Section shall be subject to the penalties prescribed under Section 1.08.010 of this Code Ordinance Number: Page 1 of 1 Subject: Amending Chapter 9.12 Code of Ordinances, Exhibit B Date Approved: EXHIBIT C Sec. 12.03.040. Pedestrian Right -of -Way; Obstructions. A. No person shall obstruct or cause the obstruction on a City sidewalk of the path of travel, as defined by the Americans with Disabilities Act of 1990, as amended. B. No person with the intent to interfere with the free passage of pedestrians shall block or attempt to block or interfere with any person(s) on the public sidewalk by any means, including but not limited to standing on that part of the sidewalk used for pedestrian travel or by placing any object or vehicle in such area. C. No person with the intent to interfere with the free ingress to or egress from shall block or attempt to interfere with or block pedestrian or vehicular entrances to public or private property abutting the public sidewalk. Ordinance Number: Page 1 of 1 Subject: Amending Chapter 9.12 Code of Ordinances, Exhibit C Date Approved: