9.2.104: OBSTRUCTING PASSAGE OR ASSEMBLY:
A.It shall be unlawful for any person to intentionally obstruct any street, sidewalk, parking lane or median so as to interfere with another's immediate, free and uninterrupted use and passage.
B.It shall be unlawful for any person to intentionally obstruct any entry, doorway or other area of ingress or egress to any public or private premises so as to interfere with the immediate, free and uninterrupted use of property facing or fronting on any public street, sidewalk or any other public place whether the obstruction arises from the person's acts alone or from those acts and the acts of others.
C.It shall be unlawful for any person to lie down or sleep upon any street, sidewalk, parking lane, median or in any entry, doorway or other area of ingress or egress to any public or private premises, whether on the ground or upon benches, stools, chairs or other seats or surfaces, within the downtown area, so as to interfere with the immediate, free and uninterrupted use of any public street, public sidewalk, entryway or area of ingress or egress to public or private property or any other public place.
1. This prohibition shall not apply to any person lying down due to a medical emergency.
2. It shall be a defense that the person was on private property and was authorized, licensed, invited or otherwise privileged to do so. The existence of a letter filed with the Colorado Springs Police Department by the private property owner or lawful possessor authorizing the Police Department to enforce violations of City Code on the owner's or possessor's property shall constitute prima facie evidence that the person was acting without authorization, license, invitation or other privilege.
3. "Downtown area" shall be defined as the area bordering on or included within the area bordered on the north by St. Vrain Street, on the south by Rio Grande, on the east by Wahsatch and on the west by Interstate Highway 25.
D.It is unlawful for any person, by the person's conduct in, on or near the premises, property or facilities of the City; or any public place, any public or private institutions, offices or buildings or any school, congregation or assembly meeting for religious worship; or any other lawful meeting or assembly to intentionally, knowingly or recklessly:
1. Obstruct an elevator, aisle, stairway or hallway to which the public or a substantial group of the public has access, or any other place used for the passage of persons, vehicles or conveyances, whether the obstruction arises from the person's acts alone or from these acts and the acts of others; or
2. Disobey a reasonable request or order to move issued by a person known to be a peace officer, a fireman, or a person with authority to control the use of the premises, to prevent obstruction of a highway, passageway or of the premises or facilities, or to maintain public safety by dispersing those gathered in dangerous proximity to a fire, riot or other hazard.
3. Substantially to disrupt, obstruct or interfere with any lawful meeting, procession or gathering in or on the premises by intentional physical action, verbal utterance or any other means.
4. Deny any public servant, official, employee, invitee or student:
a. Lawful freedom of movement on the premises;
b. Lawful use of the property, premises or facilities;
c. The right of lawful ingress and egress to the property.
5. Impede any public servant, official, employee, invitee or student in the lawful performance of the person's duties or activities through the use of restraint, coercion, or intimidation or when force and violence are present or threatened.
6. Fail or refuse to leave premises, property or facilities or the immediate vicinity upon being reasonably requested to do so by a peace officer, chief administrative officer, or designee, dean of an educational institution, or other individual or public servant with authority to control the use of the premises if the person is committing, threatens to commit, or incites others to commit, any act which would obstruct, disrupt, restrict or impede the lawful missions, processes, procedures or functions in or on the premises, property or facilities.
E.For the purposes of this section, "obstruct" means to render impassable or to render passage unreasonably inconvenient or hazardous. Evidence that a pedestrian or vehicle has to alter substantially the direction of travel in order to accommodate a person located in the pedestrian's or vehicle's way shall be prima facie evidence of obstruction.
F.Nothing in this section shall be construed to prevent lawful assembly and peaceful and orderly petition for the redress of grievances or acting in accord with a license or permit. (Ord. 4517; 1968 Code §8-12; Ord. 01-42; Ord. 02-214)