ORDINANCE NO.   7892

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS AMENDING CERTAIN PROVISIONS OF THE CITY OF LAWRENCE CODE RELATING TO THE USE OF THE CITY’S RIGHT-OF-WAY.

Whereas, the governing body of the City of Lawrence, Kansas is entrusted with the responsibility to establish reasonable laws, policies and regulations to further the general public health, safety, welfare, and economic vitality of the community; and

Whereas, maintaining the City’s right-of-way areas is important for the promotion of the aesthetics, sanitation, public health and safety of the community.

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

Section  1.  Section 16-803 of the Code of the City of Lawrence, Kansas, December 2003 edition is hereby amended to read as follows:

“PROHIBITED USES OF RIGHT-OF-WAY

No person It shall be unlawful to do any of the following without a right-of-way use permit as provided in this Article:

(1) Place any table, rack, machine or other device for the storage or display of merchandise upon the public right-of-way.

(2) Leave or allow to be left any implements, tools, boxes, merchandise or goods on any of the sidewalks of this City longer than is necessary for loading and unloading.

(3) Appropriate any public right-of-way, including but not limited to the street and sidewalks thereon, or any material part thereof for any private use. Intentionally obstruct traffic on any street, sidewalk, or other right-of-way of this City.

(4) Continue to obstruct traffic on any street, sidewalk or other right-of-way of this City after having been ordered by a police officer to end such obstruction.

For the purposes of this section, “obstruct traffic” means to walk, stand, sit, lie, or place an object in a manner as to:   block lawful passage by another person or vehicle, or to require another person or driver to take evasive action to avoid physical contact, or to block the entrance of any private or public building or establishment from any public street or sidewalk.”

Section 2.  Section 16-804 of the Code of the City of Lawrence, Kansas, December 2003 edition is hereby amended to read as follows:

          “EXCEPTIONS

(A) This article shall not apply to newsstands, news racks, and other devices for the distribution or sale of newspapers, pamphlets and handbills.

(B) This article shall not apply to activities for which a separate permit has been issued by the City.

(C) This article does not apply to the construction or maintenance of sidewalks and driveways upon the public right-of-ways.  Such sidewalks and driveways are separately regulated by the City.  However, this article does apply to the activities carried on upon such sidewalks and driveways.

(D) The restrictions of this section pertaining to obstruction of traffic do not apply to the following:

(1) Acts authorized as an exercise of one’s constitutional right to picket, or to legally protest, but only to the extent that such rights would be impermissibly restricted by operation of this section.

(2) Utilizing a wheelchair, walker or other similar device to move about the sidewalk, street or right-of-way as a result of a disability.

(3) Sitting or lying on a street, sidewalk or right-of-way due to a medical emergency.

(4) Patronizing or operating a commercial establishment lawfully conducted on the sidewalk pursuant to this code.

(5) Attending a parade, festival, performance, rally, demonstration or other similar event lawfully conducted on a public sidewalk, street or right-of-way.

(6) Sitting on a chair or bench located on the public sidewalk supplied by a public agency or abutting property owner, or waiting for public or private transportation at a bus stop.”

Section 3.  Sections 16-106 and 16-107 of the Code of the City of Lawrence, Kansas December 2003 edition are hereby repealed.

Section  4.  Severability.  If any section, clause, sentence, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance.

Section 5.  Effective Date.  This ordinance shall take effect and be in full force and effect following its adoption and publication as provided by law.

Adopted this ________________ day of  ________________, 2005.

PASSED:

Dennis Highberger, Mayor

ATTEST:

Frank S. Reeb, City Clerk

APPROVED AS TO FORM AND LEGALITY:

David L. Corliss, Assistant City Manager

and Director of Legal Services