14A.50.030 Sidewalk Use.

City Code Section

(Replaced by Ordinance 183754; amended by Ordinance 188556, effective August 16, 2017.)

  1. A.  Definitions:
    1. 1.  Pedestrian:  A person who is on foot or assisted by a mobility device and able to move immediately to accommodate other sidewalk users.
    2. 2.  Frontage line:  On sidewalks bounded by a street, the frontage line is the edge of the public sidewalk opposite the curb where the area dedicated to sidewalk use by the City meets either private property or public property that is not dedicated to sidewalk use.  On sidewalks not bounded by a street and lying between public property and private property, the frontage line is the edge of the public sidewalk bounded by private property.  On sidewalks not bounded by a street and bordered on both sides by public property or bordered on both sides by private property, the frontage line is the west or north lateral edge of the sidewalk.
    3. 3.  Pedestrian Use Zone:  The surface of a public sidewalk extending from the frontage line of the sidewalk and any fixture or use authorized or allowed by City permit or regulation that is centered on the frontage half of the sidewalk.  Except as otherwise established and marked by the Director of the Bureau of Transportation, the pedestrian use zone extends eight feet on sidewalks more than ten feet wide and six feet on sidewalks ten feet wide or less.  At street corners, the pedestrian use zone encompasses the entire area bounded by the extended frontage lines and the streets.          
  1.  
    1. 4.  Mobility device:  A wheelchair, crutch, cane, walker or device that functions similarly to allow an injured or disabled person increased mobility for sidewalk travel.
  2. B.  Improper Use Of Sidewalk In A High Pedestrian Traffic Area – Use Of Pedestrian Use Zone By A Person Who Is Not A Pedestrian: 
    1. 1.  Between 7:00 a.m. and 9:00 p.m., only pedestrians may use the pedestrian use zone in the high pedestrian traffic areas described in Subsection F.
    2. 2.  The prohibition in Subsection B.1. does not apply to:
      1. a.  Persons who use a conveyance to move freight or merchandise.
      2. b.  Persons crossing the sidewalk pedestrian zone in a conveyance directly to or from an entrance.
    3. 3.  It is an affirmative defense to a prosecution under this subsection that the behavior occurred within one foot of the curbside boundary of the pedestrian use zone, that the boundary of the zone was not marked, and the person believed in good faith the person was not in the pedestrian use zone.
  3. C.  Improper Use Of Sidewalk In A High Pedestrian Traffic Area - Placing Objects In Pedestrian Use Zone:  Between 7:00 a.m. and 9:00 p.m., in the high pedestrian traffic areas described in Subsection F., unless authorized or allowed by ordinance, permit or a regulation issued by the Director of the Bureau of Transportation, no person may deposit, install, place, fix or leave any object or item in, on or above a pedestrian use zone except:
    1. 1.  Personal baggage or luggage that is within arm’s reach of the pedestrian possessor;
    2. 2.  Merchandise in course of receipt or delivery that presents a continuous vertical rise of at least 36 inches to the cane of vision-impaired pedestrians, unless that merchandise is permitted to remain upon the sidewalk for a period longer than 2 hours.  The vehicle in which merchandise is delivered is subject to all parking regulations as described in Title 16.
    3. 3.  It is an affirmative defense to a prosecution under this subsection that the behavior occurred within one foot of the curbside boundary of the pedestrian use zone, that the boundary of the zone was not marked, and the person believed in good faith the object or item was not in the pedestrian use zone.
  4. D.  Improper Use Of Sidewalk In A High Pedestrian Traffic Area – Mismanaging A Dog:  Between 7:00 a.m. and 9:00 p.m., on all parts of sidewalks in the high pedestrian traffic areas described in Subsection F.:
    1. 1.  All dogs must be in hand or, if leashed, the dog’s neck must be within two feet of the handler;
    2. 2.  A dog may be present in a pedestrian use zone in the high pedestrian traffic areas described in Subsection F. only if under the control of a pedestrian;
    3. 3.  A person who brings a dog onto a public sidewalk or who possesses or controls the dog is responsible for compliance with this Subsection.  This Subsection does not apply to police animals.
    4. 4.  It is an affirmative defense to a prosecution under Subsection D.2. that the dog was within one foot of the curbside boundary of the pedestrian use zone, that the boundary of the zone was not marked, and the person believed in good faith the dog was not in the pedestrian use zone.
  5. E.  Improper Use Of Sidewalk – Failing To Allow Use By A Disabled Person:  On all  sidewalks at all times, at the reasonable request of a person using a mobility device or relying for guidance on a cane, helper or guide animal, all persons must immediately yield use of the sidewalk to allow a reasonable opportunity for passage.
  6. F.  High Pedestrian Traffic Areas:
    1. 1.  The Downtown Area, defined as the public sidewalks in the area bounded by the west bank of the Willamette River, I-5 from the west bank of the Willamette River to its junction with I-405, I-405, the north edge of the north sidewalk of Northwest Irving Street and a line extended from the northeast corner of the north sidewalk of Northwest Irving Street to the west bank of the Willamette River;
    2. 2.  The Rose Quarter / Lloyd Area, defined as the public sidewalks in the area bounded by North Interstate Avenue, the north edge of the north sidewalk of Broadway Street, Northeast 16th Avenue and Northeast Lloyd Boulevard.
  7. G.  Exceptions
    1. 1.  The prohibitions in this Section do not apply to a person:
      1. a.  Unable to comply due to suffering a medical emergency;
      2. b.  Unable to comply due to physical or mental incapacitation;
      3. c.  Acting as authorized or allowed by ordinance, permit or a regulation issued by the City Traffic engineer;
      4. d.  Performing a City-approved public safety, maintenance or construction function;
      5. e.  Participating in or attending a parade, festival, performance, rally, demonstration, meeting, or similar event conducted on the public sidewalk pursuant to and in compliance with a street use or other applicable permit;
    2. 2.  The prohibitions in Subsection B. do not apply to a person:
      1. a.  Sitting on a chair or bench located in a pedestrian use zone supplied or permitted by a public agency;
      2. b.  Waiting in line for goods or services unless the person refuses to comply with a lawful order of a peace officer to form the line in a way that moderates impact on passage along the sidewalk;
      3. c.  Performing street music while complying with the Street Musician Partnership Agreement;
    3. 3.  The prohibitions on this Section do not apply to pedestrian plazas as defined under Chapter 17.43.
  8. H.  No person shall be cited under this Section unless the person engages in conduct prohibited by this Section after having been notified in writing by an Oregon peace officer that the conduct violates this Section.
  9. I.  The prohibitions in this Section do not apply when they are waived by permit.
  10. J.  Nothing in any of the exceptions listed in Subsection G. shall be construed to permit any conduct which is prohibited by PCC 14A.50.035 - Pedestrians.
  11. K.  Nothing in this Section shall be construed to permit conduct which is prohibited by a lawful order restricting the time, place or manner of speech. 
  12. L.  An object or deposit that is on or above a sidewalk in violation of this Section is hereby declared to be a public nuisance.  The Director of the Bureau of Transportation or a police officer may summarily abate any such nuisance, or it may be abated as set forth in Chapter 29.20.
  13. M.  Violation of this Section subjects a person to a maximum penalty of a $250 fine only.
  14. N.  In lieu of the penalty provided for above, a judge may sentence a person found in violation of this Section to community service for such period as is provided for violations pursuant to ORS 137.126 to ORS 137.129.
  15. O.  This Section shall not apply to any activity otherwise made lawful.

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