San Jose Municipal Code Ch. 10.10 Pedestrian Facilitation Ordinance

No person shall sit or lie down upon a public sidewalk, or upon a blanket, chair, stool, or any other object placed upon a public sidewalk, in the pedestrian facilitation zone, during the hours between 8:00 a.m. and 12:00 a.m. (midnight).

(Ords. 25287; 31178.)

For purposes of this chapter, the pedestrian facilitation zone shall be defined as the area bounded by Route 87, Julian Street, Fourth Street and Interstate 280; and shall further include Santa Clara Street between Fourth Street and Tenth Street. This area shall include all public sidewalks found within the zone, including the sidewalks on both sides of Julian and Fourth Streets at the north and east boundaries of the pedestrian facilitation zone and the sidewalks on both sides of Santa Clara Street between Fourth and Tenth Streets.

(Ord. 25287.)

The prohibition in Section 10.10.010 shall not apply to any person:

A. Sitting or lying down on a public sidewalk due to a medical emergency.

B. Who, as a result of a disability, utilizes a wheelchair, walker, or similar device to move about the public sidewalk.

C. Participating, as an organizer, peddler, or patron, in any event subject to a:

1. Parade permit issued pursuant to Chapter 13.12 of the Code;

2. Special events permit issued pursuant to Chapter 13.14;

3. Park entertainment or special use permit issued pursuant to Chapter 13.44 of the Code.

D. Participating, as an organizer, peddler, or patron, in an event declared to be a downtown special event pursuant to Chapter 6.55 of the Code.

E. Operating under a sidewalk café permit issued under previously existing provisions of Title 20 of the Code or an encroachment permit issued pursuant to Chapter 13.37 of the Code.

F. Who sits on a chair on a sidewalk at a business with a sidewalk café permit issued under previously existing provisions of Title 20 of the Code or an encroachment permit issued pursuant to Chapter 13.37 of the Code.

G. Sitting on a bench that is permanently affixed to the sidewalk at a mass transportation stop, plaza, paseo, or city park.

(Ords. 25287, 30321, 31207.)

No person shall be cited or arrested under this chapter unless the person engages in conduct prohibited by this chapter:

A. After having been once previously notified by a police officer within a thirty-day period that the conduct violates this chapter; or

B. Within three hundred feet of a sign which states that sitting or lying upon the public sidewalk is prohibited during the hours between 8:00 a.m. and 12:00 a.m. (midnight).

(Ords. 25287; 31178.)