HomeMy WebLinkAbout07/01/1997, 1 - SIDEWALK SITTING ORDINANCE Ccouncil °-7-
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CITY O F SAN LUIS OBISPO
FROM: Jeffrey G.Jorense ,
City Attorney
SUBJECT: SIDEWALK SITTING ORDINANCE
CAO RECOMMENDATION
Introduce an Ordinance to Print Amending Title 12 of the City's
Municipal Code to Include a New Chapter(12.06)with Respect
to Persons Sitting on Public Sidewalks and Walkways Within
the Downtown Parking and Business Improvement Area.
DISCUSSION
At the June 3, 1997 City Council meeting, Councilperson Williams presented a communication
item from the Business Improvement Association requesting adoption of an ordinance prohibiting
sitting on sidewalks in the downtown area.
The attached ordinance is modeled closely after an ordinance adopted by the City of Seattle, which
was upheld by the Federal Ninth Circuit Court of Appeals in Roulette v. City of Seattle 97 F.3d
300 (1996), against a facial challenge attacking the ordinance on First Amendment grounds.
Similar ordinances have been adopted by the cities of Santa Barbara, San Jose, and Palo Alto. In
discussions with the Seattle City Attorney's Office, it was indicated that during the three years the
ordinance has been in effect, most people leave when requested without the need to issue citations,
and overall perception of the downtown community is that the ordinance has made a positive
difference.
As stated in the ordinance, the purpose and rationale for prohibiting individuals from sitting or
lying on sidewalks in the downtown area are as follows:
• public sidewalks within the downtown are created and maintained for the primary purpose of
enabling pedestrians to safely and efficiently move about from place to place; facilitating
deliveries of goods and services; and providing potential customers with convenient access to
goods and services.
• during normal business hours, the public sidewalks within the downtown are prone to
congestion,and should be kept available to serve these primary purposes.
• sitting or lying on the public sidewalks within the downtown during the hours of greatest
congestion interferes with the primary purposes of the public sidewalks, threatens public
safety, and damages the public welfare.
Council Agenda Report- Sidewalk Sitting Ordinance
Page 2
• pedestrians,particularly the elderly, disabled,or vision-impaired, are put at increased risk
when they must see and navigate around individuals sitting or lying upon the public
sidewalk.
• the public welfare is promoted by an economically healthy downtown which attracts people
for shopping, for work, and for recreation. The downtown also provides easily-accessible
goods and services, employment opportunities, and tax revenues necessary to support
essential public services, and the economic productivity necessary to maintain and improve
property within this area.
• the accessibility of public sidewalks is a vital component needed to keep the downtown as a
community meeting place and to foster community interaction.
• in some circumstances people sitting or lying on the sidewalks deter members of the public
from frequenting these areas which contributes to the undermining of the essential economic
viability of these areas. Business failures and relocations can cause vacant storefronts which
contribute to a spiral of deterioration and blight which harms the public health, safety, and
welfare and which can lead to crimes against persons and property.
• an important factor in protecting public safety is attracting people to the streets and sidewalks
of the downtown because the presence of law abiding citizens serves as a deterrent to crime
and increases the public's sense of security and the safety of all.
• there are numerous other places within the City, and in reasonable proximity to the
downtown where sitting or lying down can be accommodated without unduly interfering with
the safe flow of pedestrian traffic, impairing commercial activity, threatening public safety or
harming the public welfare. These other places include nearby city parks and plazas, private
plazas, private arcades, and private common areas open to the public, and generally on
private property with the permission of the property owner. In addition, public sidewalks
outside the designated hours and designated areas are available for sitting or lying down.
Therefore, this limited regulation of sitting or lying down on sidewalks is reasonably
necessary and appropriately balances the public interest and individual rights.
EXCEPTIONS
Exceptions are specifically provided in the ordinance for medical emergencies, persons with
disabilities, and events subject to an encroachment, closure,parade or special event permit (such as
Mardi Gras or Thursday Night Activities).
ENFORCEMENT
Violation of the ordinance is an infraction, for which citations may be issued. Prior to the issuance
of any citation, a warning notice must be given.
/-A
Council Agenda Report-Sidewalk Sitting Ordinance
Page 3
CONCURRENCES
The Police Chief concurs in the recommendation.
FISCAL EMPACT
The ordinance will provide the Police Department with an additional tool to preserve sidewalks in
the downtown area for their intended purpose. As such,no fiscal impact is anticipated.
ALTERNATIVES
The Council may decline to adopt the ordinance and rely upon the encroachment provisions of the
Municipal Code (MC 12.04.020, et seq.) and Penal Code § 647(c ). This alternative would
provide a lesser level or regulation than the proposed ordinance, since Penal code §647(c)requires
`malicious intent"to obstruct a sidewalk.
Attachments
Proposed Ordinance
June 3, 1997 Memo from Councilperson Williams
May 30, 1997 Memo from Deborah Holley
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• � i1I o I ° o ��
30 May 1997 .
To: Mayor Allen Settle-and:City CouncilMembers. '
�� (J
From: Deborah Holle ,. IA Administrator
Re: Sidewalk Sitting Ordinance
In an effort to reduce loitering,vagrancy,panhandling and disruption of normal business in the
Downtown area,we respectfully.request that the City Council consider adoption of an ordinance
prohibiting sidewalk sitting..
Copies of similar ordinances from Santa Barbara and San.Jose are attached. Both cities recently enacted
these ordinances based upon:a similar law in,Seattle upheld lastspring by an appellate court.
We believe that this is not an empty measure, but a loud and clear message that those who are in business
have as much right to do business as do those who would obstruct or-prohibit that right While we realize
related activities such as panhandling or littering are not covered by this ordinance,in some cases the
ordinance may limit the ancillary activities of those sitting on sidewalks for no other purpose.
Based on a recent survey of the Downtown businesses,nearly ninety percent responded that they believe
all of the above mentioned activities are a real problem in the Downtown. We respectfully request that
you review these documents and consider adopting this ordinance before the busy summer tourist season
begins.
cc: John Dunn
Jeff Jorgensen
Jim Gardiner,Chief of.Police
Pierre Rademaker, BIA President
JUIV� iyy�
MY COUNCIL'
" RAM c r^,SPO.CA
P.O.Box 1402 San-Luis Obispo•CA•'93406.805/541-0286•Fax 805/781-2647•e-mail:bia@slonet:oq
ORDINANCE NO. 5009
AN ORDINANCE OF THE COUNCIL OF THE
CITY OF SANTA BARBARA AMENDING THE
MUNICIPAL CODE BY ADDING A NEW
CHAPTER, CHAPTER 9 . 97, WITH RESPECT
TO PERSONS SITTING OR LYING ON
SIDEWALKS AND PASEOS ALONG CERTAIN
DOWNTOWN PORTIONS OF STATE STREET.
WHEREAS, public sidewalks in certain portions of the
City' s central business district, particularly those sidewalks
along the retail portions of State Street, are created and
maintained for the primary purposes of enabling pedestrians to
safely and efficiently move about from place to place,
facilitating deliveries of goods and services, and providing
potential customers with convenient access to goods and
services .
WHEREAS, during normal business hours, the public
sidewalks in downtown commercial areas, particularly the first
thirteen blocks of State Street, are prone to congestion, and
should be kept available to serve these primary purposes .
WHEREAS, except in places provided therefor or where
reasonably necessary, sitting or lying on the public sidewalks
of certain blocks of State Street during the hours of greatest
congestion interferes with the primary purposes of the public.
sidewalks, threatens public safety, and damages the public
welfare .
WHEREAS, pedestrians, particularly the elderly, disabled,
or vision-impaired, are put at increased risk when they must
see and navigate around individuals sitting or lying upon the
public sidewalk.
WHEREAS, the public welfare is promoted -by an
economically healthy downtown State Street commercial area
which attracts people for shopping, for work, and for
recreation. This particular area of State Street also provides
easily-accessible goods and services, employment
opportunities, and tax revenues necessary to support essential
public services, and the economic productivity necessary to
maintain and improve property within this area.
WHEREAS, the accessibility of public sidewalks is a vital
component needed to keep the commercial areas of State Street
as a. community meeting place and to foster community
interaction.
Page 1 of 3
WHEREAS, in some circumstances people sitting or lying on
the sidewalks deter many members of the public from
frequenting these areas which contributes to the undermining
of the essential economic viability of these areas . Business
failures and relocations can cause vacant storefronts which
contribute to a spiral of deterioration and blight which harms
the public health, safety, and welfare and which can lead to
crimes against persons and property.
WHEREAS, an important factor in protecting public
safety is attracting people to the streets and sidewalks
of the City' s State Street central business district
because the presence of law abiding citizens serves as a
deterrent to crime and increases the public' s sense of
security and the safety of all.
WHEREAS, there are numerous other places within the
downtown and neighborhood commercial areas where sitting or
lying down can be accommodated without unduly interfering with
the safe flow of pedestrian traffic, impairing commercial
activity, threatening public safety or harming the public
welfare. These other places include nearby city parks and
plazas, private plazas, private arcades, and private common
areas open to the public, and generally on private property
with the permission of the property owner. In addition, public.
sidewalks outside the designated hours and designated areas
are available for sitting or lying down. Therefore, the
limited regulation of sitting or lying down on sidewalks is
reasonably necessary and appropriately balances the public
interest and individual rights .
THE CITY COUNCIL OF THE CITY OF SANTA BARBARA DOES ORDAIN AS
FOLLOWS :
SECTION 1 . Title Nine of the Santa Barbara Municipal Code is
hereby amended by adding a new chapter, Chapter 9 . 97 which reads as
-follows :
Chapter 9.97
Section 9 .97 .010. Sitting or Lying on Public Sidewalks in
Certain Downtown Areas of State Street.
A. Prohibition. No person shall sit or lie down upon a public
sidewalk or public paseo or, or upon a blanket, chair, stool, or
any other object placed upon a public sidewalk or public paseo,
during the hours between 7 : 00 a.m. and 9 :00 p.m. along the first
thirteen (13) blocks of State Street from Cabrillo Boulevard- to and
including the 1300 block of State Street.
For the purposes of this subsection (A) , the terms "public
sidewalk or public Paseo" shall include those public pedestrian
sidewalks or public paseos which serve as access to and from State
Street and the City parking facilities adjacent to State Street
2
within the designated blocks, which shall also specifically include
the area known as "Storke Placita. "
B. Exceptions . The prohibitions of Subsection A shall not
apply to any person or persons :
1. who is sitting or lying down on a public sidewalk due
to a medical emergency;
2 . who, as the result of a disability, utilizes a
wheelchair, walker, or similar device to move about the
public sidewalk.
3 . who is operating or patronizing a commercial
establishment conducted on the public sidewalk pursuant
to a street use permit issued pursuant to Chapter 9 . 95 of
this Title or who is participating in or attending a
parade, festival, performance, rally, demonstration,
meeting, or similar event conducted on public sidewalk
pursuant to a street use or other applicable parade
permit issued by the City in accordance with this Code .
Nothing in any of these exceptions shall be construed to permit any
conduct which is otherwise prohibited by this Code .
C. Scope. Nothing herein shall be deemed to apply the
requirements of subsection (A) to the following:
1 . a person who is sitting on a chair, wall, or bench
located on the public sidewalk which is supplied by a
public agency or by the abutting private property owner
for such purposes or;
2 . a person who is sitting on a public sidewalk within a
bus stop zone while waiting for public transportation.
D. Prior Warning. No person shall be prosecuted for a
violation of this Chapter unless the person engages in conduct
prohibited by this Chapter after having been notified by a law
enforcement officer that the conduct violates this Chapter.
Bill. No. 5028
Ordinance No_ 5009
Adopted April 22, 1997
sviley/ord/seattle.002 '
4/9/97
3
7 COMMISSION,COMMITTEE,AND STANDING REPORTS
e. Report of the Transportation, Planning, and Environment Committee -
March 27, 1997
(8) Report and Recommendation for Location of Caltrain Maintenance
Facility
The Committee deferred this item to the 4/10/97 Transportation,
Planning, and Environment Committee meeting.
(9) Oral petitions
None.
Transportation, Planning, and Environment Committee report and actions of
March 27, 1997 accepted, with Item 7e(4) heard under Item 9f and Item 7e(7)
heard under Item 9g.
f. Youth, Seniors, and Neighborhood Services Committee
No report.
8 LAND USE AND DEVELOPMENT
9 GENERAL GOVERNMENT
a. Approval of an ordinance amending Title 10 of the San Josd Municipal Code
by adding a new Chapter 10.10 to ban sitting or lying down on public
sidewalks in the Downtown Core Area. (City Attorney's Office)
(Deferred from 2/11/97-Item 9a and 2/25/97-Item 9a)
TIME CERTAIN 2:00 P.M.
Ordinance No. 25287 passed for publication. Noes: Diaz,Powers.
The Administration was directed to report back on the availability and
services of daytime shelters and possible program enhancements, and
directed to report back in one (1) year on the effectiveness of the
ordinance.
b. Approval of a first amendment to the agreement with Anderson Brule
Architects for consultant services for the Acoustical Treatment Program
(ACT), increasing the compensation by $394,355, from $1,407,900 to $1,802,255,
and extending the term of the agreement by eighteen (18) months, from
June 30, 1998 to December 31, 1999. CEQA: Exempt. (Airport)
Approved.
-5- 04/08/97
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4/8/97
ORDINANCE NO 25287
AN ORDINANCE OF THE CITY OF SAN JOSE
AMENDING TITLE 10 OF THE SAN JOSE
MUNICIPAL CODE BY ADDING A NEW CHAPTER
10.10 ESTABLISHING A PEDESTRIAN
FACILITATION ZONE TO BAN SITTING OR
LYING DOWN ON PUBLIC DOWNTOWN
SIDEWALKS
WHEREAS, the Director of Planning, under File No. PP97-3-85, has determined this
Ordinance to be exempt from environmental review pursuant to Section 15061(b)(3) of the
State CEQA Guidelines implementing the California Environmental Quality Act of 1970, as
amended; and
WHEREAS, the public sidewalks in the Downtown are created and maintained for the
primary purposes of enabling pedestrians to safely and efficiently move about from place to
place, facilitating deliveries of goods and services, and providing potential customers with
convenient access to goods and services; and
WHEREAS, during normal business hours, the public sidewalks in the Downtown areprone
to congestion, and should be kept available to serve these primary purposes: and
WHEREAS, on numerous occasions, San Jose Police Officers have observed pedestrians
detour around congregations of persons sitting and lying on public sidewalks Downtown by
either detouring into the street or by jaywalking in mid-block to the sidewalk on the other side
of the street in order to avoid having to navigate around such congregations, thereby
exposing the pedestrians to the risk of injury in collisions with vehicular traffic and creating a
traffic safety hazard; and
38796 7.DOC
1
Ord. No. 25287
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4/8/9.7
WHEREAS, pedestrians, particularly the elderly, mobility- or vision-impaired, are put at
increased risk of accidental injury when they are forced to and navigate around individuals
sitting or lying upon the public sidewalk; and
WHEREAS, sitting or lying on the public sidewalks in the Downtown interferes with the
primary purposes of the public sidewalks, threatens public safety, and damages the public
welfare; and
WHEREAS, the San Jose Police Department has also received numerous calls from
Downtown business owners and pedestrians complaining about persons lying and sitting on
public sidewalks adjacent to stores and businesses; and
WHEREAS, Downtown business owners have complained that the presence of persons lying
and sitting on public sidewalks adjacent to their stores has deterred pedestrians from
patronizing their businesses and has caused many members of the public to avoid coming
Downtown to shop and do business, thereby reducing the economic viability of Downtown
businesses; and
WHEREAS, the public welfare.is promoted by an economically healthy Downtown which
attracts people to shop, work and recreate; and
WHEREAS, the Downtown provides easily accessible goods and services, employment
opportunities, the tax revenues necessary to support essential public services, and the
economic productivity necessary to maintain and improve property within the Downtown; and
WHEREAS, business failures and relocations can cause vacant storefronts which contribute
to a spiral of deterioration and blight which harms the public health, safety.and welfare; and
387961.130C
2
P,
Ord. No. 25287
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4/8/97
WHEREAS, an important factor in protecting public safety is attracting people to the streets
and sidewalks of the City's Downtown, because the presence of many law abiding citizens
serves as a deterrent to crime and increases the public's sense of security and the safety of
all; and
WHEREAS, there are numerous other places within the Downtown where sitting or lying
down can be accommodated without unduly interfering with the safe flow of pedestrian traffic,
impairing commercial activity, threatening public safety or harming the public welfare; such
as city parks and plazas, and common areas open to the public, and generally on private
property with the permission of the property owner; and
WHEREAS, in addition, public sidewalks outside the Downtown and in the Downtown outside
the designated hours are available for sitting or lying down; and
WHEREAS, the Council therefore finds the limited regulation of sitting or lying down on
sidewalks in the Downtown is both reasonably necessary and appropriately balances the .
public interest with individual rights;
NOW THEREFORE, BE IT ORDAINED. BY THE COUNCIL OF THE CITY OF SAN JOSE:
SECTION 1. Title 10 of the San Jose Municipal Code is hereby amended to add a new
Chapter to be numbered and entitled and to read as follows:
38796_1.DOC
3
. Qrd. No. 25287
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4/8/97
CHAPTER 10.10
PEDESTRIAN FACILITATION ORDINANCE
10.10.010 Prohibition on Sitting or Lying Down on Sidewalks
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 10:00 a.m. and 12:00 a.m. (midnight).
10.10.020 Pedestrian Facilitation Zone Defined
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.
10.10.030 Exception to the Prohibition
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 an event subject to a:
38796 1.DOC
_ 4
Ord. No. 25281
a
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4/8/97
1. Parade Permit issued pursuant to Chapter 13.12 of the Code;
2. Street Closure Permit issued pursuant to Chapter 13.16 of the Code;
3. Paseo/Plaza Use Permit issued pursuant to Chapter 13.22 of the Code;
4. 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 Cafe Permit issued pursuant to Chapter 20.52 of the Code.
F. Who sits on a chair on a sidewalk at a business with a Sidewalk Cafe Permit issued
pursuant to Chapter 20.52 of the Code.
G. Sitting on a bench thatis permanently affixed to the sidewalk at a mass transportation
stop, plaza, paseo, or City park.
10.10.040 Warning of Violation
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 (30) day
period that the conduct violates this Chapter; or
38796 1.DOC
5
ULU. LMU. LJLO/
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4097
B. Within three hundred (300) feet of a sign which states that sitting or lying upon the
public sidewalk is prohibited.during the hours between 10:00 a.m. and 12:00 a.m.
(midnight).
PASSED FOR PUBLICATION OF TITLE this 8th day of April , 1997, by
the following vote:
AYES: DNNDO, DIQUISPO, FERIaM S, FISMUM, JOHNSON,
PANDORI, SEIIRAMWA, WOODY; BAMM R
NOES: DIM, POWERS
ABSENT: NONE
SUSAN HAMMER, Mayor
ATTEST:
PATRICIA L. O' EARN, City Clerk
38796 1.DOC
_ 6
COUNCIL AGENDA: 4/8/97
ITEM NUMP 9a
CITY OF SAN JOSE - MEMORANDUM
TO: HONORABLE MAYOR FROM: JOAN R. GALLO
AND CITY COUNCIL City Attorney
SUBJECT: Sidewalk Ordinance DATE: April 2, 1997
CONFIDENTIAL--ATTORNEY/CLIENT
The proposed ordinance is closely modeled after the Seattle ordinance which was upheld in the
case of Roulette v. City of Seattle. The Council directed us to prepare such an ordinance for
adoption should the Seattle ordinance ultimately be upheld. As we advised you, in an October 15
memorandum, the Ninth Circuit Court of Appeals decision upholding the Seattle sidewalk
ordinance from a facial challenge attacking the ordinance on First Amendment grounds became
final when the ACLU decided not to file a petition for review with the U.S. Supreme Court.
However, as we pointed out in our March 22, 1996 memorandum, the Council should be aware
that although the sidewalk ordinance has survived a facial challenge, the case did not include an
as applied challenge. An as applied challenge raises constitutional issues in the context of the
application of the ordinance in specific enforcement situations. An as applied challenge on First
Amendment grounds would arise when a person is sitting or lying on the sidewalk as part of a
demonstration or protest.
Two as applied challenges to the Seattle ordinance are pending currently in the State of
Washington Court of Appeals. One case involves the refusal of a juvenile to stand in an area
where sitting or lying on the sidewalk was prohibited. The juvenile had been warned repeatedly in
the past about the ordinance. In the other case, the defendant claims that he sat as a protest
against the ordinance. The second case presents the greater challenge, because the person can
claim that the method of protest is necessary to communicate the intended message of the
protest. The trial courts in both cases upheld the application of the ordinance. These types of
challenge allege civil rights violations and can give rise to damages and attorneys fees.
If the Council enacts the proposed sidewalk ordinance, the San Jose Police Department will need
to exercise extreme care and sensitivity in enforcing compliance in order to minimize the risk of a
successful as applied challenge.
JOAN R. GALLO
City Attorney
By.
;�� ",e- al
CARL B. MITCHELL
Senior Deputy City Attorney
cc: Regina V.K. Williams
Louis A. Cobarruviaz
43951 1.DOC
C -icil Agenda: 48-97
Item: Q�
CITY OF SAN JOSE-MEMORANDUM
TO: Honorable Mayor and City Council FROM: Louis A. Cobarruviaz
SUBJECT: Proposed Pedestrian Facilitation DATE: April 2, 1997
Ordinan
Approved: Date:
RECOMMENDATION
Approve the City of San Jose Ordinance amending Title 10 of the San Jose Municipal Code by
adding a new Chapter 10.10 (Pedestrian Facilitation Ordinance).
BACKGROUND
The proposed Ordinance addresses several issues raised by the San Josd Downtown
Association (SJDA), the San Josd Police Department (SJPD) and members of the community
related to the number of individuals sitting or lying down on public sidewalks in the
Downtown area.
Other metropolitan cities in the western United States, including but not limited to, the Cities
of Seattle, Berkeley and Palo Alto have adopted similar ordinances addressing similar
concerns raised by the San Josd community.
The following analysis summarizes the concerns raised by the community, and provides
factual justification for this Ordinance.
ANALYSIS
Public sidewalks in the Downtown area are created and maintained for the primary purpose of
enabling pedestrians to safely and efficiently move about from place to place, facilitating
delivery of goods and services; and providing pedestrians with convenient access to goods
and services. Individuals sitting or lying down on public sidewalks in the Downtown area
obstruct the free:flow of pedestrian traffic. Pedestrian traffic is further restricted when
personal belongiqp of people sitting on the public sidewalk take up additional space. These
impediments crew 1)Safety Hazards and 2) Economic Impacts,which threaten public safety
and damage publiewelfare in the Downtown area.
1. Safe Hazards_
Physical Obstacles. Pedestrians who encounter individuals sitting or lying down on
public sidewalks in the Downtown area during the hours of greatest congestion may
have to go to the edge of the sidewalk where they may encounter several obstacles
including,but not limited to:
• other pedestrians;
• parking meters;
Honorable Mayor and City C'-•tndl
Pedestrian Facilitation Orth; e
April 2, 1997
Page 2
• street landscaping;
street lights;
• traffic signal control boxes;
• fire hydrants;
newspaper racks;
• trash receptacles;and,
• street furniture (bus benches and kiosks).
Individuals sitting or lying down on public sidewalks delay and further obstruct the
public's free flow of travel causing congestion and blockage of downtown sidewalks.
This forces pedestrians to constrict and redirect their passage, often into the street, in
order to avoid persons sitting or lying down on the sidewalk.
Sidewalk Capacity. The majority of sidewalks in the Downtown area are not wide
enough to accommodate a full compliment of pedestrian traffic during peak business
hours. Sidewalks in the Downtown area range from three-and-a-half feet to more than
twenty-feet in useable width (excludes areas with parking meters,street trees,etc).
The likelihood of an accident is significantly increased because there is not ample room
to allow for the free passage of pedestrians, goods, and services when individuals are
sitting or lying down on public sidewalks. Many times, these individuals have personal
belongings that further reduce the capacity of the sidewalk to accommodate the flow of
pedestrian traffic
Pedestrians have to be constantly alert for potential tripping or slipping hazards.
Further, they must divert their attention away from the sidewalk to concentrate on
these obstacles when avoiding individuals sitting or lying down on the public sidewalk
during the course of their commute from place to place.
Transportation Hazards. If a pedestrian encounters an individual sitting or lying down
on the sidewalk and other pedestrians are coming from the other direction,one or more
of these pedestrians will be forced to the edge of the sidewalk where they must walk
around street furniture and other obstacles or enter into the street When a pedestrian
enters into the street, the potential for a vehicular accident involving a pedestrian
substantially increases.
Development in the Downtown area has steadily increased over the past several years.
As businesses locate in the Downtown area, more jobs will be created. By attracting
more jobs to the Downtown area, the need for additional housing will become more
necessary. This correlates to an increase.in the volume of pedestrians using the public
sidewalks. All of this equates to an increase in vehicular traffic which, for the reasons
listed above, may increase the potential risk to pedestrians traveling on the public
sidewalk system. _
Honorable Mayor and City' Ancil
Pedestrian Facilitation Ord.L .ce
April 2,1997
Page 3
Safety of Special Needs Groups. Other pedestrians, in particular, the elderly, vision-
impaired, or disabled, are put at greater risk when they must navigate around these
individuals.
Senior citizens have decreased mobility, which makes it difficult for them to maneuver
around obstacles on the sidewalks, especially people who.are sitting or lying down on
the sidewalk
People who are visually impaired must also navigate.around these individuals. By
obstructing the normal flow of pedestrian travel, the visually impaired are put at
greater risk of injury(e.g., falling down or entering into the street).
Pedestrians in wheelchairs may find it difficult to get around these individuals when
the width of the sidewalk is insufficient to allow for free passage. This may lead to
confrontations that may put the pedestrian at risk of injury.
Parents with baby strollers are also put at risk, as are school children who frequent the
Downtown area on school sponsored field trips or use the mass transit system.
Distracted pedestrians are more prone to be involved in accidents, and accidents on the
public sidewalks constitutes a substantial safety problem which further impedes and
prevents the orderly flow of pedestrian traffic. This is unsafe not only for the person
sitting or lying down on the sidewalk, but also for the pedestrian traffic sharing the
same limited sidewalk space.
The cumulative impact of this type of activity on the city sidewalks in the Downtown
area has created a potential safety hazard,which poses a significant and substantial risk
to the interest of the public in the free flow of travel in the Downtown area.
2. Economic Impacts:
Individuals sitting or lying down on public sidewalks have had a negative impact on
several businesses in the Downtown area. According to the SJPD, over 1,200 annual
offenses are documented in the Downtown area relating to disorderly conduct,
trespassing and harassment which, in some cases, involved the blocking of a public
sidewallr. Further the SJPD has observed pedestrians entering into the street to avoid
persons sitting or lying down on the sidewalk
Pedestrians who go around or completely avoid individuals sitting or lying down on
public sidewalks bypass many retail businesses. This reduces the number of pass-by
pedestrians frequenting a business. Increased public awareness of these areas will,over
time, create a negative focal point which can lead to a further reduction in pedestrian
traffic. In some circumstances, people sitting or lying down on public sidewalks may
deter pedestrians from frequenting those areas altogether, which may ultimately
undermine the economic viability of those areas.
Honorable Mayor and City mcil
Pedestrian Facilitation Ordu.__,ce
April 2,1997
Page 4
Individual discussions with business owners and employees, as well as members of the
public, have revealed that there is a perception the individuals lying down on the
sidewalk are a sign that the area is starting to decline both in terms of economic vitality,
as well as, the feeling that public safety and the problem of street crime is increasing.
Businesses are very concerned that individuals sitting or lying down on public
sidewalks may undermine their ability to succeed in the Downtown area. The City's
two highest priorities regarding retail businesses in the Downtown area are retention of
existing retail businesses and attraction of new retail businesses. If existing businesses
are faced with decreasing sales resulting from individuals sitting or lying down on
public sidewalks, it will be extremely difficult to attract new retail businesses. Business
failures and relocation's can cause vacant storefronts which contribute to a spiral of
deterioration and blight
EXEMPTIONS AREA AND HOURS OF ORDINANCE
The proposed Ordinance would not apply to any.person sitting or lying down on a sidewalk
due to medical emergency, persons with disabilities, persons participating in a permitted
event, persons seated in a chair in a permitted sidewalk cafe, or persons sitting on permanent
street furniture.
The proposed Ordinance would be applicable to the Downtown core and Santa Clara Street
between Fourth Street and Tenth Street.
The enforceable hours of the proposed Ordinance are to coincide with the hours of greatest
congestion. According to the SJPD, the hours of greatest congestion are between 10:00 am and
Midnight.
CONCLUSION
All citizens have the right to shop in the downtown area without stepping around people
obstructing the sidewalk There are numerous other places within the downtown area where
sitting or lying down can be accommodated without unduly interfering with the safe flow of
pedestrian traffic, impairing commercial activity, threatening public safety or harming the
public welfare. These places include city parks and plazas and common areas open to the
public. Therefore, the limited regulation of sitting or lying down on sidewalks is both
reasonable and necessary;it appropriately balances the public interest and individual rights.
COORDINATION
This memo has been coordinated with the City Manager's Office,Redevelopment Agency, and
the City Attorney's Office.
4 -61
LOUIS A. COBARRL VTAZ
Chief of Police 77!
ORDINANCE NO. (1997 Series)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO AMENDING THE MUNICIPAL CODE
BY ADDING ANEW CHAPTER, CHAPTER 12.06, WITH RESPECT
TO PERSONS SITTING ON PUBLIC SIDEWALKS AND WALKWAYS
WITHIN THE DOWNTOWN PARKING AND BUSINESS IMPROVEMENT AREA
WHEREAS, public sidewalks within the Downtown Parking and Business
Improvement Area (BIA), are created and maintained for the primary purposes of
enabling pedestrians to safely and efficiently move about from place to place,
facilitating deliveries of goods and services, and providing potential customers with
convenient access to goods and services.
WHEREAS, during normal business hours, the public sidewalks within the BIA
are prone to congestion, and should be kept available to serve these primary purposes.
WHEREAS, except in places provided therefor or where reasonably necessary,
sitting or lying on the public sidewalks within the BIA during the hours of greatest
congestion interferes with the primary purposes of the public sidewalks, threatens
public safety, and damages the public welfare.
WHEREAS, pedestrians, particularly the elderly, disabled, or vision-impaired,
are put at increased risk when they must see and navigate around individuals sitting
or lying upon the public sidewalk.
WHEREAS, the public welfare is promoted by an economically healthy
downtown BIA which attracts people for shopping, for work, and for recreation. The
BIA also provides easily-accessible goods and services, employment opportunities, and
tax revenues necessary to support essential public services, and the economic
productivity necessary to maintain and improve property within this area.
WHEREAS, the accessibility of public sidewalks is a vital component needed to
keep the BIA as a community meeting place and to foster community interaction.
WHEREAS, in some circumstances people sitting or lying on the sidewalks deter
many members of the public from frequenting these areas which contributes to the
undermining of the essential economic viability of these areas. Business failures and
relocations can cause vacant storefronts which contribute to a spiral of deterioration
and blight which harms the public health, safety, and welfare and which can lead to
crimes against persons and property.
WHEREAS, an important factor in protecting public safety is attracting people
to the streets and sidewalks of the City's BIA because the presence of law abiding
/'y
Ordinance No. (1997 Series)
Page Two
citizens serves as a deterrent to crime and increases the public's sense of security and
the safety of all.
WHEREAS, there are numerous other places within the City, and in reasonable
proximity to the BIA, where sitting or lying down can be accommodated without
unduly interfering with the safe flow of pedestrian traffic, impairing commercial
activity, threatening public safety or harming the public welfare. These other places
include nearby city parks and plazas, private plazas, private arcades, and private
common areas open to the public, and generally on private property with the
permission of the property owner. In addition, public sidewalks outside the
designated hours and designated areas are available for sitting or lying down.
Therefore, this limited regulation of sitting or lying down on sidewalks is reasonably
necessary and appropriately balances the public interest and individual rights.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SAN LUIS OBISPO AS FOLLOWS:
Section 1. Title Twelve of the San Luis Obispo Municipal Code is hereby
amended by adding a new chapter, chapter 12.06 which reads as follows:
Chapter 12.06
Section 12.06.010 Sitting or Lying on Public Sidewalks
or Walkways Within the Downtown
Parking and Business Improvement Area.
A. Prohibition. No person shall sit or lie down upon a public sidewalk or
walkway, or upon a blanket, chair, stool, or any other object placed upon a public
sidewalk or walkway during the hours between 7:00 a.m. and 12:00 a.m. (midnight)
within the Downtown Parking and Business Improvement Area, as more specifically
described as follows:
From Santa Rosa Street along Palm Street to Broad Street, Broad to Monterey,
Monterey Street to Nipomo Street, Nipomo Street to San Luis Creek, San Luis
Creek to a point where Beach Street would intersect, from this intersection point
to Beach Street and Marsh Street, Marsh Street to Nipomo Street, Nipomo
Street to Pacific Street, Pacific Street to Santa Rosa Street, Santa Rosa Street to
Palm Street.
�'S
Ordinance No. (1997 Series)
Page Three
The area shall include the sidewalks fronting on both sides of the boundary
streets listed in the preceding paragraph, and at all four corners of the intersections of
the boundary streets listed in the preceding paragraph.
B. Exceptions. The prohibitions of Subsection A shall not apply to any
person or persons:
1. who is sitting or lying down on a public sidewalk or walkway due to a medical
emergency;
2. who, as the result of a disability, utilizes a wheelchair, walker, or similar device to
move about the public sidewalk or walkway;
3. who is operating or patronizing a commercial establishment conducted on a public
sidewalk or walkway pursuant to a street encroachment or closure permit issued
pursuant to this Code; or who is participating in or attending a parade, festival,
performance, rally, demonstration, meeting, or similar event conducted on a public
sidewalk or walkway pursuant to a street encroachment or closure permit or other
applicable parade or special event permit issued by the City in accordance with this
Code.
Nothing in any of these exceptions shall be construed to permit any conduct which is
otherwise prohibited by this Code.
C. Scope. Nothing herein shall be deemed to apply the requirements of
subsection (A) to the following:
1. a person who is sitting on a chair, wall, or bench located on a public sidewalk, or
walkway, which is supplied by a public agency or by the abutting private property
owner for such purposes or;
2. a person who is sitting on a public sidewalk or walkway within a bus stop zone
while waiting for public transportation.
D. Prior Warning. No person shall be prosecuted for a violation of this
Chapter unless the person engages in conduct prohibited by this Chapter after having
been notified by a law enforcement officer that the conduct violates this Chapter.
E. Violation-Penalty. Any person who violates any provision of this
Chapter shall be guilty of an infraction, and is subject to punishment as provided for in
Chapter 1.12 of this Code.
/-6
Ordinance No. (1997)
Page Four
SECTION 2. A summary of this ordinance, together with the names of
Councilmembers voting for and against, shall be published at least five (5) days prior
to its final passage, in the Telegram-Tribune, a newspaper published and circulated in
this City. This ordinance shall go into effect at the expiration of thirty (30) days after
its final passage.
INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis
Obispo at its meeting held on the day of , 1997, on a motion of
seconded by , and on the following roll
call vote:
Ayes:
Noes:
Absent:
Mayor
ATTEST:
City Clerk
APPROVED:
Q///X1CV 0_ 91_Ld��
i ey
�'7
MEETING AGENDA
JATE
June 3, 1997
MEMORANDUM
TO: Council Colleagues
FROM: Dodie Williams
SUBJECT: Sidewalk Sitting Ordinance
Regarding the attached.memo from Deborah Holley, BIA Administrator, dated May 30, 1997, 1
would request that the City Council direct staff to review the sample ordinances prohibiting
sidewalk sitting to determine the feasibility of implementing a similar ordinance for the City of San
Luis Obispo.
DW:ss
Attachment
y�U":%IL ❑ C� ]DIR
E D❑ R'� �J rc+RNEY PDCLE�IGDRIG Pou0 MWTEAM ❑ Wo a C I:� D
W a o ° 0 .
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30 May 1997 .
To: Mayor Allen Settle and City Council Members
From: Deborah Holle , IA Administrator
Re: Sidewalk Sitting Ordinance
In an effort to reduce loitering,vagrancy,panhandling and disruption of normal business in the
Downtown area,we respectfully request that the City Council consider adoption of an ordinance
prohibiting sidewalk sitting.
Copies of similar ordinances from Santa Barbara and San Jose are attached. Both cities recently enacted
these ordinances based upon a similar law in Seattle upheld last spring by an appellate court.
We believe that this is not an empty measure,but a loud and clear message that those who are in business
have as much right to do business as do those who would obstruct or prohibit that right. While we realize
related activities such as panhandling or littering are not covered by this ordinance,in some cases the
ordinance may limit the ancillary activities of those sitting on sidewalks for no other purpose.
Based on a recent survey of the Downtown businesses,nearly ninety percent responded that they believe
all of the above mentioned activities are a real problem in the Downtown. We respectfully request that
you review these documents and consider adopting this ordinance before the busy summer tourist season
begins.
cc: John Dunn
Jeff Jorgensen
Jim Gardiner, Chief of Police
Pierre Rademaker,BIA President
RECEIVED
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CITY COUNCIL
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P.O.Boz 1402•San Luis Obispo•CA-93406-8051541-0286-Fax 805!181-2647•e-mail:bia@slonet.org /�9
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June 27, 1997
Mr. Allen Settle,
I see where the council will be discussing the ordinance to
prohibit sitting on the sidewalks downtown. As the owner of a
vibrant downtown business on one of the streets this ordinance
seems to be aimed at, I'm disturbed by the idea of criminalizing
hanging out downtown. All of us who do business downtown find
panhandling to have a negative impact on downtown commerce of
course; however, commerce isn't the only attribute of downtown for
the broad range of people who live here. One of the attractions of
downtown is that it isn't a mall; it's public space with all that
definition implies.
Some people seem to have lost the desire to "rub elbows" with
any one not exactly like them; people who may not have the same
consumer oriented desires or don't have the same success drive.
Promoting this isolationism and prejudice toward people without
money should not be the role of the city government. I can't express
any support for legislation that attempts to diminish a persons'
humanity simply because helshe cannot be defined as part of a
target market.
Sincerely,
RECEIVED
I U L 0 1 1997
Charles W. Myers, owner
SLID CITY COUNCIL
cc: Bill Roalman
1121 BROAD ST . SAN LUIS OBISPO CA 93401
( 8 0 5 ) 5 4 5 - 5 4 0 1
• EETING AGENDA
•
DATE -7-1-17 ITEM #SE R
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JUN 3 0 1997
g�NCIL ❑ CDD DIR
SLO CITY COUNCIL D FIN DIR
m4cAO D FIRE CHIEF
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30 June 1997 E TNIG 17 POLICE CHF
O MGM TEA C3 REC DIR
13 To: pp Mayor Allen Settle and City Council Members 13 PERS DIR
From: t ,p'-beborah Holley,BIA Administrator
Re: Sidewalk Sitting Ordinance
Please find attached copies of letters received by this office addressing the sidewalk sitting
ordinance. (Originals on file.) The correspondence from Downtown businesses and
property owners indicates support for the ordinance due to a variety of concerns ranging
from safety and access to cleanliness and protection of property.
In addition,we anticipate the arrival tomorrow of Marshall Rose, Executive Director of the
Santa Barbara Downtown Organization. At Tuesday evening's City Council meeting, Mr.
Rose will discuss the process, history and current status of the ordinance in his
community, and how it has benefited Santa Barbara's downtown area.
Further, l have been informed that the SLO Chamber of Commerce concurs with SLO
City Staff and BIA to recommend that you adopt this ordinance as a tool for public safety.
It is my personal experience that while many merchants in conversation say they think the
I, ordinance is a good idea,when asked to advocate publicly most decline to do so out of
concern for adverse affects on their business that publicity may invite. 1 share with them
that I understand their concerns,yet no halfway measures are available. And,while no one j
really wants yet another law on the books, the current status quo favors those who would
!; flaunt disrespect, discourtesy and disregard for the rights of others. So we're carrying the
torch for the"silent majority"who are neither greedy business people or elite strata of
society;rather hardworking entrepreneurs who don't have the benefit of"mall
management" to protect their business environment.
I
We simply can't stress enough that a business district, so carefully tended to,that brings in
nearly twenty per cent of the entire city's sales tax,deserves to have access to tools to keep
it viable for not only businesses but those who visit, shop and work Downtown.
Because of the high usage and popularity of the area,it's no longer enough to"hope"that
others will pick up their trash and cigarette butts, to"wish" that people wouldn't set up
shop with jewelry and art displays, to "want' some to take their bedrolls, duffel bags and
dogs to a more appropriate lounging area.
Hopefully you will see the benefit of sending a message that antiproductive activities are
not okay, at least in the Downtown. Activities that create a mess and work for others,such
as litter,spills,blockage,harassment,discomfort, vandalism and the like do not deserve to
P.O.Bos 1402•San Luis Obispo•CA•93406.805/541-0286•Fax 805/781.2647•e-mail:bia@callamercom
• 4 r
be tolerated. As for those engaged in harmless activity,it is my understanding that the
local.police have no desire to harass such persons needlessly. In fact, the ordinance would
be upheld as a last resort with the consequence being a citation after a warning.
While on its face the term "sidewalk sitting ordinance"seems invasive, the probability of
enforcing it and the end result--a citation—are actually fairly innocuous. Where the real
strength lies is in the ordinance's message: Downtown won't tolerate extreme examples of
unacceptable behavior.
Please consider carefully the level of consciousness associated with cleanliness, politeness,
courtesy and productivity that this town embodies. We must all play our part in making
Downtown San Luis Obispo a comfortable,safe and beautiful place to be--and for our
visitors to enjoy. The time has come to make a commitment to our obligation.
cc: John Dunn, CAO
Jeff Jorgensen,City Attorney
Jim Gardiner, SLOPD
Pierre Rademaker, BIA President
THE MAINO BROTHERS CORPORATION
SUITES 207-208
1108 GARDEN STREET
SAN LUIS OBISPO, CALIFORNIA 93401
TELEPHONE: (805) 543-2240
June 27, 1997
City Council
City Hall
San Luis Obispo, California
Dear Members.
The Maino Brothers Corporation wish to support the proposed ordinance to ban sidewalk sitting
as proposed by the Business Improvement Association. We feel it is important for visitors and
the local members of this community be able to walk comfortably and safely without intimidation
from groups gathering and blocking the sidewalks.
The need for this ordinance is supported by the tenants of this building at the corner of Higuera
and Garden Streets and wish to be included in expressing their support. Thank you.
Sincerely yours,
V. J. Maino
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THE SANCTUARY TOBACCO SHO►
1111 CHORRO ST
SAN LUIS OBISPO, CA 93401
(805) 543-1958
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25 June 1997
To Council Memberpodie Williams,
1 am sorry that I missed the meeting at the BIA office on Tuesday. 1 would have liked to
talk to you In person about the proposed "sidewalk sitting ordinance". I understand that
there has been some negative backlash about this, but I think that is because the subject
has become emotionalized and people don't understand what this is truly about I know
that you understand our problem and would be disappointed If you could not support the
ordinance.
As you know, the blank side of our building at the alleyway is one of the popular
"gathering" spots that are at Issue. The people that gather there, sitting on the sidewalk,
generally are young people, but this Is not about age. These are not the average, 'good"
kids that I read about In the letters in the paper. They are rude and destructive. We have
tried to get along with them, but to no avail.
The laws against obstructing the sidewalk as they exist now are Impossible to enforce. All
that we are asking for Is an ordinance that would allow the police to clear a blocked
sidewalk without having to have a major altercation or arrest. We believe that the sidewalk
is there as a way to get from one place to another. There are other more appropriate places
to gather. The entire downtown is nota public park. It does consist of privately owned
property and businesses that are there for commercial purposes. I wonder how the private
citizens of this city would feel about this kind of situation if it were their property that
was being trashed, their livelihood that was being affected.
People have talked and written about the downtown as a gathering place, about the rights
of young people or the homeless, about the 'elite" vs. the common man, etc. This is
really about none of those things. We like the downtown as a gathering place and support
the move for more places like the Mission Plaza and Downtown Centre. Young people and
the homeless deserve the same rights as everyone else. We would be just as upset about
a group of upscale grandmas setting up a bridge party, leaving espresso cups and mixed
nuts all over the place, and being rude to passers by.
Docile, I know that you have been unfairly attacked over this, but 1 hope that you can see
your way clear to stay with us on this. tf you have any questions or comments just let
me know, I would be happy to discuss this.rationally with anyone.
Thank you for your time.
Sincerely,Jeff.McKeegan
Nancy Pickering
Clifford Chapman
MARSHALLS JEWELERS • 751 HIGUERA STREET TELEPHONE 805-543-3431 • SAN LUIS OBISPO, CALIF. 93401
6c;
25 June 1997
To Council Member Kathy Smith,
I am sorry that 1 missed the meeting at the BIA office on Tuesday. I would have liked to
talk to you In person about the proposed "sidewalk sitting ordinance". 1 understand that
there has been some negative backlash about this, but I think that is because the subject
has become emotionalized and people don't understand what this Is truly about We have
a real problem and we need to find a solution.
Our store is on the comer of Garden and Rguera Streets. The blank side of our building at
the alleyway is one of the popular 'gathering' spots that are at Issue. The people that
gather there, sitting on the sidewalk, generally are young people, but age is not the Issue.
They block the sidewalk and deter or prevent people from passing. They Intimidate the
shy or elderly. They almost always have food or drink or cigarettes, which of Itself does
not bother me, but they leave nasty messes (not just crumbs). These are not the average,
"good" kids that I read about In the letters in the paper. They are rude and destructive.
We have tried to get along with them, but to no avail.
The laws against obstructing the sidewalk as they exist now, allow for police action only
when there Is actual physical contact in preventing passage. This makes It impossible to
enforce. All that we are asking for is an ordinance that would allow the police to clear a
blocked sidewalk without having to have a major altercation or arrest. We believe that the
sidewalk is there as a way to get from one place to another. There are other more
appropriate places to gather. The entire downtown is nota public park. It does consist of
privately owned property and businesses that are there for commercial purposes.
People have talked and written about the downtown as a gathering place, about the rights
of young people or the homeless, about the "elite" vs. the common man, etc. This is
really about none of those things. We like the downtown as a gathering place and support
the move for more places like the Mission Plaza and Downtown Centre. Young people and
the homeless deserve the same rights as everyone else. We would be just as upset about
a group of upscale grandmas setting up a bridge party, leaving espresso cups and mixed
nuts all over the place, and being rude to passers by. I wonder how the opponents of
this ordinance would feel about their property and livelihood being affected in this manner:
We are asking for action now because the problem has been getting worse, and it looks to
be a difficult summer.
IF you have any specific concerns, or other solutions, 1 would be more than happy to talk
with you (or anyone eisel) about It 1 hope that you can see your way dear to help us.
Thank you for your time.
Sincerely, rn
jef f.McKeegan
Nancy Pickering
Clifford Chapman
MARSHALLS JEWELERS • 751 HIGUERA STREET • TELEPHONE 805.543-3431 • SAN LUIS OBISPO, CALIF. 93401
June 24, 1997
Mayor Allan Settle
Members of the City Council
City of San Luis Obispo
990 Palm Street
San Luis Obispo,CA 93401
Re: Sidewalk Sitting Ordinance
Honorable Mayor and Members of the Council
I am writing you to express my strong support for the proposed"Sidewalk Sitting Ordinance". Although the
removal of the feeding program for disadvantaged adults in the Mission Plaza has greatly reduced the numbers
of foul-smelling individuals in the downtown core,I still continue to have problems with some like persons
"camping out"in or near the alcove entrance to my business.
The selection of merchandise in the show windows of my business changes daily and is viewed extensively in
the evening hours while we are closed. Last summer, a numerical count taken by two Cal Poly students as part
of a marketing project,found that on an average summer evening in July,more than 155 individuals spent
"significant"time viewing the display windows between 6pm and l fpm. When an individual is"camped out"
in or near the entrance to my store, that number drops to almost zero. Shoppers object to their presence, and
do not wish to get panhandled.
In 1995 a pair of individuals began"camping out"in my alcove. Every time I noticed them, I asked them to
move on since they were on private property. With the help of the police, they did, however, only as far as the
sidewalk, where my rights ended and the police jurisdiction ended. The reason they liked my window is that it
is highly lit and had televisions on from 6-1 1pm. Ultimately,we shut off the televisions and they left. At that
time, television sales made up about$200,000 in sales for us each year. After the units were shut off and
removed from the window, sales began to slip substantially, and we phased out Video products totally in
January of 1997. Sales had slipped below$30,000 annually and we were no longer competitive with Sears
and Gottchalks. While we have moved swiftly to replace the loss of sales with other merchandise, it required a
store display retrofit of more than$20,000 to accomplish the task.
If you need a real live situation where"sidewalk sitting"cost me revenue and COST THE CITY SALES TAX,
we're it! Now that cities like Carmel have adopted an"unofficial"zero-tolerance for beggars,panhandlers,
and homeless, we can expect many more disadvantaged people populating our city since we have decided to
feed/house them. This problem will only get worse,by my estimate,and if you do not wish to deal with this
matter now,it will be back before you by this time next year.
Please give this ordinance strong consideration
Sincerely yours,
Dennis Johansen
Owner,Jim's Campus Camera
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Subject: sidewalk ordince
Date: Fri, 20 Jun 1997 11:59:06 -0700
From: michael hoffman <brewhoff@slobrew.com>
To: bia@downtownslo.com
I am in full support of the new ordinace.
michael hoffman
MICHAEL "Hoffy" HOFFMAN
SLO BREWING CO_ , INC
1108 GARDEN ST Ste. 202
SAN LUIS OBISPO, CA. 93401
805-546-8573
brewhoffC@slobrew.com
www.slobrew.com
#JatrichJames
y June 28, 1977
641 Higuera Street, + 100
San Luis Obispo, California 93401
(805)549-9593 City Council Members:
San Luis Obispo is experiencing substantial retail increase in the downtown
core. We have become a destination and a source of pride for the whole
Fresno community. As we attract outsiders and maintain our own local trade it is
imperative that we maintain a safe, comfortable, pleasant atmosphere
Mill Valley downtown. This is why I am in complete support of the sidewalk sitting
Palo Alto ordinance.
Santa Rosa Numerous Patrick James customers have complained about indigents
blocking the sidewalk in the 600 block of Higuera, at the corner of Nipomo
Sacramento and Higuera. Tourists have mentioned that Santa Barbara and Carmel do
San Luis Obispo not have the problems we have keeping the downtown clean and free from
the nuisance of people sitting on the sidewalks, asking for money or
Danville making rude comments.
San Francisco Just this last week, I had to ask 2 women to leave from the front of my
Campbell place of business. They had spread themselves and their belongings out in
p front of Patrick James,blocking our windows, and creating an unpleasant
capitola entry into the store. I have frequented Garden Street when I had to walk in
the street to get to my destination due to people sitting on the side walks,
Tran' making them completely impassible.
The sidewalks in the downtown are the source of many complaints from
tourists. They are a part of the overall image of our otherwise"quaint",
attractive shopping area. We have had an uphill battle trying to maintain
their cleanliness. Please do not allow them to be littered with people as
well.
Sin rely, �j
L James l/��
manager, Patrick James
• - imp 'n �rrttBurr.�
746 Higuera Street
TO: /�'�' San Luis Obispo, Calif.93401
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