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HomeMy WebLinkAboutFS 2013-10-22 Item 2E - Ordinance - Interfering with TrafficTO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Finance and Safety Committee FROM: Mike Villa, Chief of Police BY: Brendan Kerin, Police Officer/Training Coordinator DATE: October 8, 2013 SUBJECT: Ordinance Establishing New Regulations Relating to Interfering With Traffic ISSUE Whether to approve an ordinance establishing new regulations relating to interfering with traffic to be codified at TMC Chapter 9.21. BACKGROUND The City of Tukwila has an issue with interference with traffic caused by pedestrians in City rights-of-way. Such conduct poses public safety issues and causes traffic congestion. The City currently has an ordinance prohibiting solicitation in certain areas of the City, but this ordinance does not address the interference with traffic that can be caused by the problematic actions of all types of pedestrians, not just solicitors. DISCUSSION This new ordinance, which would effectively replace the prior solicitation ordinance, should effectively keep pedestrians from interfering with traffic throughout the City thereby minimizing potential traffic accidents caused by distracted drivers and allowing for a smoother flow of vehicle traffic. FINANCIAL IMPACT There would be no cost to the City if this ordinance is approved and passed in to law. RECOMMENDATION The Council is being asked to consider this item at the October 28, 2013 Committee of the Whole meeting and subsequent November 4, 2013 Regular Meeting. ATTACHMENTS Draft Ordinance Establishing New Regulations Relating to Interfering With Traffic. 49 50 R AFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING NEW REGULATIONS RELATING TO INTERFERING WITH TRAFFIC TO BE CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 9.21; REPEALING ORDINANCE NO. 2362 IN ITS ENTIRETY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, interference with traffic poses safety concerns to persons and vehicular traffic and causes traffic congestion; and WHEREAS, the City Council adopted Ordinance No. 2362 to regulate solicitation activity that poses safety concerns for people and vehicular traffic; and WHEREAS, Ordinance No. 2362 prohibits solicitation within certain zones, but does not address the interference with traffic that can be caused by the problematic actions of all types of pedestrians; and WHEREAS, the City wishes to improve traffic safety and congestion and minimize accidents throughout the entire City that occur due to interference with traffic by pedestrians, but does not wish to infringe upon constitutionally protected activity; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Regulations Established. Tukwila Municipal Code (TMC) Chapter 9.21, "Interfering with Traffic," is hereby established to read as follows: CHAPTER 9.21 INTERFERING WITH TRAFFIC Sections: 9.21.010 Purpose 9.21.020 Definitions 9.21.030 Interference with traffic prohibited 9.21.040 Penalty for violation W: Word Processing \Ordinances \Interfering with traffic -new regulations 9 -25 -13 RT:bjs Page 1 of 3 51 Section 2. TMC Section 9.21.010 is hereby established to read as follows: 9.21.010 Purpose The purpose of this chapter is to provide for the free flow of pedestrian and vehicular traffic on streets and sidewalks in the City, to promote tourism and business, and to preserve the quality of urban life. Interference with traffic by pedestrians within the right -of -way is unsafe and should be restricted. By this legislation, the City Council intends to promote the health, safety, and welfare of the citizens of and visitors to the City of Tukwila. Section 3. TMC Section 9.21.020 is hereby established to read as follows: 9.21.020 Definitions For the purposes of this chapter, the following words and phrases shall have the meaning ascribed to them in this section: 1. "Interfere" means to hinder, obstruct, or slow. 2. "Right -of -way" means, without limitation, public streets, state routes and interstate highways (including, but not limited to, on and off ramps), sidewalks, alleys, shoulders, traffic islands, and driveways. Section 4. TMC Section 9.21.030 is hereby established to read as follows: 9.21.030 Interference with traffic prohibited It shall be unlawful for any person, while in the right -of -way, to take any action that interferes with the lawful flow of traffic. Section 5. TMC Section 9.21.040 is hereby established to read as follows: 9.21.050 Penalty for violation. Violations of this chapter shall be punishable as follows: 1. The first violation of this chapter shall be punishable by a civil infraction in an amount not to exceed $124.00. 2. The second violation of this chapter shall be punishable by a civil infraction in an amount not to exceed $200.00. 3. The third and all subsequent violations of this chapter shall be punishable by a civil infraction in an amount not to exceed $300.00. Section 6. Repealer. Ordinance No. 2362 is hereby repealed in its entirety. W: Word Processing \Ordinances \Interfering with traffic -new regulations 9 -25 -13 RT:bjs 52 Page 2 of 3 Section 7. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. Section 8. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 9. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2013. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing \Ordinances \Interfering with traffic -new regulations 9 -25 -13 RT:bjs Page 3 of 3 53