§ 9-4-14. SITTING OR LYING DOWN ON PUBLIC SIDEWALKS OR SLEEPING OUTDOORS IN THE DOWNTOWN AUSTIN COMMUNITY COURT AREA PROHIBITED.

(A)

DISABILITY means having a physical or mental impairment which substantially limits one or more major life activities.

(1)

PHYSICAL OR MENTAL IMPAIRMENT means any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive, digestive; genitourinary; hemic and lymphatic; skin; and endocrine; or any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

(2)

MAJOR LIFE ACTIVITIES means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, learning, breathing, and working.

(B)

The council finds that the City has a compelling interest in:

(1)

encouraging and preserving a vital, pedestrian-friendly urban core;

(2)

promoting tourism and business in the central business district;

(3)

preserving the quality of urban life and in protecting its citizens from intimidating behavior; and

(4)

encouraging businesses and neighborhoods in the central city where walking is a realistic alternative to vehicles that use fossil fuels.

(C)

The council finds that in areas with high pedestrian traffic and a high incidence of petty crime related to public disorder, individuals sitting or lying in the pedestrian right-of-way:

(1)

contribute to a sense of fear, intimidation, and disorder;

(2)

are disruptive to residents, businesses, and customers;

(3)

discourage, block, or inhibit the free passage of pedestrians; and

(4)

contribute to the loss of access to and enjoyment of public places.

(D)

This section applies in the following area, including the streets and pedestrian rights-of- way that bound the area, but does not apply on the campus of the University of Texas:

(1)

beginning at the intersection of 29th Street (West) and Lamar Boulevard (North);

(2)

south on Lamar Boulevard (North) to the north shore of Lady Bird Lake;

(3)

east along the north shore of Lady Bird Lake to the point directly south of the curve at the intersection of Jesse E. Segovia Street and Robert Martinez, Jr. Street;

(4)

north to the curve at the intersection of Jesse E. Segovia Street and Robert Martinez, Jr. Street;

(5)

west along Jesse E. Segovia Street to the intersection of Chicon Street;

(6)

north on Chicon Street to the intersection of Seventh Street (East);

(7)

west on Seventh Street (East) to the IH-35 East Frontage Road;

(8)

north on the IH-35 East Frontage Road to the intersection of Martin Luther King, Jr. Boulevard;

(9)

west on Martin Luther King, Jr. Boulevard to the intersection of Guadalupe Street;

(10)

north on Guadalupe Street to the intersection of 29th Street (West); and

(11)

northwest on 29th Street (West) to the intersection of Lamar Boulevard (North), the place of beginning.

(E)

A person commits an offense if, after having been notified by a law enforcement officer that the conduct violates this section:

(1)

the person is asleep outdoors; or

(2)

the person sits or lies down in the right- of-way between the roadway and the abutting property line or structure, or on an object placed in that area.

(F)

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 under Title 14 ( Streets and Use of Public Property ) of the Code;

(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.

(G)

It is an affirmative defense to prosecution if a person sits or lies down as the result of a physical manifestation of a disability, not limited to visual observation.

(H)

A culpable mental state is not required, and need not be proved, for an offense under this section.

Source: 1992 Code Section 10-1-26; Ord. 031023-13; Ord. 031211-11; Ord. 20051215-017; 20110303-029.