Monterey Municipal Code § 32-6 Obstruction of sidewalks prohibited; exception

No person shall place any box, bale, package, lumber or other thing on any sidewalk by reason of which any such sidewalk shall be obstructed; provided that merchants, tradesmen and persons while engaged in receiving or forwarding goods or any other commodity may use a portion of the sidewalk in front of where the goods or other commodity is to be received or shipped, for a period not exceeding four (4) hours in any one day. At all times and in all instances of such necessary obstructions at least four (4) feet in the clear of such sidewalk so obstructed shall be left free and open to the unobstructed use of pedestrians.

It shall be unlawful for any person or group of persons to intentionally obstruct or impede the free movement of any pedestrian or vehicle, or any group of pedestrians or vehicles within, on, in, or upon any public street, sidewalk, way, path, park, wharf, parking lot, or other public property within the City of Monterey, including the ingress or egress of such pedestrian or vehicular traffic from private property, the entrances to or from which abut any such public street, sidewalk, way, path, park, wharf, parking lot or other public property.

a. Sitting on Commercial Sidewalks at Certain Times Prohibited.No person shall sit or lie on a commercial sidewalk or on any object brought or affixed to said sidewalk, from 7:00 a.m. until 9:00 p.m., except as provided in this section.

b. Exceptions.The prohibition in subsection (a) of this section shall not apply to any person sitting or lying on a commercial sidewalk:

1.Due to a medical emergency;

2.On a wheelchair or other device that is needed for mobility;

3.On a public bench or bus stop bench that is permanently affixed to the sidewalk;

4.Operating or patronizing a commercial establishment conducted on the public sidewalk pursuant to an encroachment permit;

5.Participating in or attending a parade, festival, performance, rally, demonstration, meeting or similar event conducted on pursuant to and in compliance with an event permit or other applicable permit. This section shall not be construed to prohibit persons from obtaining such City permits; or

6.Who is a child seated in a stroller.

These exceptions shall not be construed to allow conduct that is prohibited by other laws.

c.This section shall not be applied or enforced in a manner that violates the United States or California constitutions.

d. Necessity of Warning Prior to Citation.No person may be cited for a violation of this section until a peace officer first warns said person that his or her conduct is unlawful and said person is given a chance to stop said conduct. One warning by a peace officer to a person who is violating this section is sufficient for a thirty (30) day period as to any subsequent violations of this section by said person during said period.

e. Commercial Sidewalk -- Definition.As used in this section, “commercial sidewalk” means all sidewalks in front of property designated on the City’s General Plan map for mixed use areas, as shown in Appendix A to the ordinance codified in this chapter.

f. Penalty.An administrative citation may be issued to any person who violates this section, or a violation may be charged as an infraction. (Ord. 3503 § 2, 2014)