SITTING OR LYING DOWN ON PUBLIC SIDEWALKS OR SLEEPING OUTDOORS IN THE DOWNTOWN AUSTIN COMMUNITY COURT AREA PROHIBITED.
Austin City Code § 9-4-14
in effect§ 9-4-14 - SITTING OR LYING DOWN ON PUBLIC SIDEWALKS OR SLEEPING OUTDOORS IN THE DOWNTOWN AUSTIN COMMUNITY COURT AREA PROHIBITED.
(A) DISABILITY means having a physical or mental impairment which substantially limits one of more major life activities.
(1) PHYSICAL OR MENTAL IMPAIRMENT means any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive, digestive; genitourinary; hemic and lymphatic; skin; and endocrine; or any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.
(2) MAJOR LIFE ACTIVITIES means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, learning, breathing and working.
(B) The council finds that the City has a compelling interest in:
(1) encouraging and preserving a vital, pedestrian-friendly urban core;
(2) assuring that the urban core remains accessible to individuals with disabilities and compliant with the provisions of the Americans with Disabilities Act;
(3) promoting tourism and business in the central business district;
(4) preserving the quality of urban life and in protecting its citizens from intimidating behavior; and
(5) encouraging businesses and neighborhoods in the central city where walking is a realistic alternative to vehicles that use fossil fuels.
(C) The council finds that in areas with high pedestrian traffic and a high incidence of petty crime related to public disorder, individuals sitting or lying in the pedestrian right-of-way:
(1) contribute to a sense of fear, intimidation, and disorder;
(2) are disruptive to residents, businesses, and customers;
(3) discourage, block, or inhibit the free passage of pedestrians; and
(4) contribute to the loss of access to and enjoyment of public places.
(D) This section applies in the following area, including the streets and pedestrian rights-of-way that bound the area, but does not apply on the campus of the University of Texas:
(1) beginning at the intersection of 30th Street (West) and Lamar Boulevard (North);
(2) south on Lamar Boulevard (North) to the north shore of Lady Bird Lake;
(3) east along the north shore of Lady Bird Lake to the point directly south of the curve at the intersection of Jesse E. Segovia Street and Robert Martinez, Jr. Street;
(4) north to the curve at the intersection of Jesse E. Segovia Street and Robert Martinez, Jr. Street;
(5) west along Jesse E. Segovia Street to the intersection of Chicon Street;
(6) north on Chicon Street to the intersection of Seventh Street (East);
(7) west on Seventh Street (East) to the IH-35 East Frontage Road;
(8) north on the IH-35 East Frontage Road to the intersection of 14th Street (East);
(9) east on 14th Street (East) to the boundary of Oakwood Cemetery;
(10) south and east along the boundary of Oakwood Cemetery to Leona Street;
(11) north on Leona Street to the intersection of Manor Road;
(12) east on Manor Road to the intersection of Dean Keeton Street (East);
(13) west on Dean Keaton Street (East) to the intersection of Red River Street;
(14) north on Red River Street to the intersection of 381 Street (East);
(15) west on 38th Street (East and West) to the intersection of Guadalupe Street;
(16) south on Guadalupe Street to the intersection of 30th Street (West); and
(17) west on 30th Street (West) to the intersection of Lamar Boulevard (North), the place of beginning.
(E) A person commits an offense if, after having been notified by a law enforcement officer that the conduct violates this section:
(1) the person is asleep outdoors; or
(2) the person sits or lies down in the right-of-way between the roadway and the abutting property line or structure, or an object placed in that area.
(F) This section does not apply to a person who:
(1) sits or lies down because of a medical emergency;
(2) operates or patronizes a commercial establishment that conducts business on the sidewalk under Title 14 (Use of Streets and Public Property) of the Code;
(3) participates in or views a parade, festival, performance, rally, demonstration, or similar event;
(4) sits on a chair or bench that is supplied by a public agency or by the abutting private property owner;
(5) sits within a bus stop zone while waiting for public or private transportation; or
(6) is waiting in a line for goods, services, or a public event.
(G) It is an affirmative defense to prosecution if a person sits or lies down as the result of a physical manifestation of a disability, not limited to visual observation.
(H) A culpable mental state is not required, and need not be proven, for an offense under this section.
Part 5. Effectiveness and Severability.
(A) The effective date of this ordinance shall be the earlier of (i) ten (10) days after the date of its final passage by the Austin City Council, as prescribed under Article IV, Section 4(a) of the Austin City Charter or (ii) the date upon which the results of an election required under Article IV, Section 4(b) are canvassed.
(B) If any section, paragraph, clause, or provision of this ordinance is for any reason held to be invalid or unenforceable, the invalidity or unenforceability of that section, paragraph, clause, or provision shall not affect any of the remaining provisions of this ordinance, and to this end, the provisions of this ordinance are declared to be severable. This ordinance shall supersede the Austin City Code to the extent there are any conflicts.
Source: 1992 Code Section 10-1-26; Ord. 031023-13; Ord. 031211-11; Ord. 20051215-017; 20110303-029; Ord. No. 20190620-185, Pt. 3, 7-1-19; Ord. No. 20210209-003, Pt. 4, 5-1-21. (Ord. No. 20210209-003, Pt. 5, 5-1-21)
Source: City of Austin, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/austin/codes/code_of_ordinances?nodeId=TIT9PRAC_CH9-4PRAC_ART2OFREPRAC_S9-4-14SILYDOPUSISLOUDOAUCOCOARPRFetched: 10/27/2026