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HomeMy WebLinkAbout2024-13Ordinance 2024-13 Amending Chapter 70 of the Town of Pulaski, Virginia Town Code to include Article VII, Camping on Public Sidewalks and Right of Ways WHEREAS, the Town Manager for the Town of Pulaski, Virginia, in consultation with the Town Attorney has reviewed Chapter 70 related to Streets, Sidewalks, and Other Public Places and determined it should be amended to include Article VI Camping on Public Sidewalks and Right of Ways in the Town of Pulaski; and, NOW, THEREFORE it be ORDAINED, by the Town Council of the Town of Pulaski, Virginia, sitting in regular session this 171h day of December, 2024 amends Chapter 70 to include Article VI Camping on Public Sidewalks and Right of Ways shown in Attachment A. This ordinance shall be effective upon adoption on this 17"' day of December, 2024 by the duly recorded vote of the Town Council of the Town of Pulaski, Virginia as follows: Gregory C. East- Aye James A. Radcliffe- Aye Jeremy L. Clark- Aye G. Tyler Clontz- Aye Brooks R. Dawson- Aye Michael P. Reis- Nay Mayor Collins- Aye THE TOWN OF PULASKI, VIRGINIA W. Shannon Collins Mayor AT EST Olivia C. Hale Clerk of Council Ordinance 2024-13 Attachment A Article VII - Camping on public sidewalks and rights -of -way within the town. It shall be unlawful and a class 1 misdemeanor for any person within the town to camp on any town -owned street, sidewalk, alley, or other public rights -of -way. To camp is defined as the performance of living accommodation activities such as sleeping, lying down and making preparations to sleep (including the laying down of bedding, sleeping bag, or other sleeping matter, for the purpose of sleeping), storing personal belongings, making any fire, or using any tent or shelter or other structure. This section does not apply to a person who is on a town -owned property, street, sidewalk, alley, or other public rights -of -way if the person is: (1) On such property street, sidewalk, alley, or other public rights -of -way because of a medical emergency; (2) Participating in or viewing a parade, festival, permitted public event, performance, rally, demonstration, or other similar activity; (3) Sitting within a bus stop zone while waiting for public or private transportation; (4) Camping on a public property, sidewalk, alley, or other public rights -of -way as part of an event approved in writing by the town manager or his or her designee; or (5) Operating or patronizing a licensed business or establishment with approved outdoor seating adjoining the physical structure of the business. It is an affirmative defense to prosecution for a violation of this section for lying down if a person is lying down and is obstructing the right-of-way but is lying down as the result of a physical manifestation of a disability, whether or not such disability is observable.