§ 20-75. Sleeping on right-of-way contiguous to residential property lines.

(a)

It shall be unlawful and a violation of the Code for any person to sleep in or on any part of the right-of-way, which shall include any public sidewalk and any bicycle path, which is contiguous to a residential property line. As used herein, "residential property line" shall have the meaning set forth in chapter 16.

(b)

If a person is found to be sleeping in a right-of-way where sleeping is prohibited by subsection (a) of this section, a Law Enforcement Officer shall request the person to move to an area where sleeping is not prohibited. The person shall not be charged with a violation of this section if the person voluntarily moves from and does not return, within 72 hours, to sleep on any part of any right-of-way, which shall include any public sidewalk, which is contiguous to a residential property line.

(c)

It shall not be a violation of this subsection for a passenger to be asleep while traveling in the right-of-way if they are being transported by another in or on any device or by any method otherwise legally permitted in the part of the right-of-way being used for such travel.

(Code 1992, § 20-75; Ord. No. 816-G, § 1, 3-15-2007)