§ 38-86.1. Sitting or lying down in the public right-of-way.

(a)

It shall be unlawful for any person to knowingly sit or lie down in the Downtown Denver Business Improvement District upon the surface of any public right-of-way or upon any bedding, chair, stool, or any other object placed upon the surface of the public right-of-way between the hours of 7:00 a.m. and 9:00 p.m.

(b)

For purposes of this section:

(1)

"Downtown Denver Business Improvement District" shall mean that area of the city bounded by and including the following streets: starting at a point at the intersection of Grant Street and 20th Avenue, extending west along 20th Avenue to its intersection with 20th Street extending northwest along 20th Street to its intersection with Wewatta Street (or Wewatta Street extended), extending southwest along Wewatta Street (or Wewatta Street extended) to its intersection with Speer Boulevard, extending generally southeast along Speer Boulevard to its intersection with 12th Street, extending southeast along 12th street to its intersection with Colfax Avenue, extending generally east along Colfax Avenue to its intersection with the alley between Sherman and Grant streets, extending north along the alley between Sherman and Grant Streets to its intersection with 16th Avenue, extending east along 16h Avenue to its intersection with Grant Street, and extending north along Grant Street to the point of beginning.

(2)

"Designated human service outreach worker" shall mean any person designated in writing by the manager of the Denver Department of Human Services to assist law enforcement officers as provided in subsection (4), regardless of whether the person is an employee of the department of human services.

(3)

"Public right-of-way" shall mean any street, sidewalk, alley, parkway, curb, median, traffic island, the public transit way of the 16th Street Mall, or any other publicly owned property used for pedestrian and vehicular travel.

(d)

It is an affirmative defense to charges brought under this section that a person:

(1)

Sits or lies down upon the public right-of-way due to a medical emergency.

(2)

As a result of a disability, utilizes a wheel chair, walker or other similar device to move about the public right-of-way.

(3)

Is operating or patronizing a commercial establishment located in the public right-of-way pursuant to any permit or license issued by the city.

(4)

Is attending a parade, festival, performance, rally, demonstration, meeting, or similar event conducted in the public right-of-way pursuant to any permit or license issued by the city.

(5)

Sits upon a chair or bench furnished by the city, the Downtown Denver Business Improvement District, or any other public agency in the public right-of-way.

(6)

Sits upon a public sidewalk at a transit stop while waiting for public transportation; provided, however, that this exception shall not apply to any transit stop on the 16th Street Mall.

(e)

No law enforcement officer shall issue a citation, make an arrest or otherwise enforce this section against any person unless:

(1)

The officer orally requests or orders the person to refrain from the alleged violation of this section and, if the person fails to comply after receiving the oral request or order, the officer tenders a written request or order to the person warning that if the person fails to comply the person may be cited or arrested for a violation of this section; and

(2)

The officer attempts to ascertain whether the person is in need of medical or human services assistance, including but not limited to mental health treatment, drug or alcohol rehabilitation, or homeless services assistance. If the officer determines that the person may be in need of medical or human services assistance, the officer shall make reasonable efforts to contact and obtain the assistance of a designated human service outreach worker, who in turn shall assess the needs of the person and, if warranted, direct the person to an appropriate provider of medical or human services assistance in lieu of the person being cited or arrested for a violation of this section. If the officer is unable to obtain the assistance of a human services outreach worker, if the human services outreach worker determines that the person is not in need of medical or human services assistance, or if the person refuses to cooperate with the direction of the human services outreach worker, the officer may proceed to cite or arrest the person for a violation of this section so long as the warnings required by paragraph (a) have been previously given.

(Ord. No. 902-05, § 1, 12-5-05)