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HomeMy WebLinkAboutCOW 2013-10-28 Item 4D - Ordinance - Interfering with TrafficCOUNCIL AGENDA SYNOPSIS Initia/s Meeting Date Prepared by Mayor'srevie,- Council review 10/28/13 BK CATEGORY Discussion 10/28/13 11/04/13 BK Ordinance Bid Award Mtg Date E Public Hearing Mtg Date — Other Mtg Date Mtg Date Mfg Date 11/04/13 SPONSOR E Council El Mayor P HR E DCD Finance E Fire E IT E P&R Police E PW SPONSOR'S The Interfering with Traffic Ordinance will help the City Constitutionaly combat the SUMMARY problem of constant panhandling throughout the City. By passing this law, the City will be able to reduce or eliminate this problem and at the same time, increase safety to pedestrians and vehiclular traffic as well as make Tukwila a more desirable city to live in and visit. REVIEWED BY — COW Mtg. — CA&P Cmte Ej F&S Cmte 111 Transportation Cmte n Utilities Cmte r Arts Comm. Parks Comm. E Planning Comm. DATE: 10/22/13 COMMITTEE CHAIR: DENNIS ROBERTSON RECOMMENDATIONS: SPoNsoR/ADmIN. COMMIYIFE ITEM INFORMATION ITEM No. 4.D. 79 STAFF SPONSOR: OFFICER BRENDAN KERIN TPD ORIGINAL AGENDA DATE: 10/28/13 AGENDA ITEM TIME Interfering With Traffic - New City Ordinance CATEGORY Discussion 10/28/13 E Motion Mtg Date E Resolution Mtg Date Ordinance Bid Award Mtg Date E Public Hearing Mtg Date — Other Mtg Date Mtg Date Mfg Date 11/04/13 SPONSOR E Council El Mayor P HR E DCD Finance E Fire E IT E P&R Police E PW SPONSOR'S The Interfering with Traffic Ordinance will help the City Constitutionaly combat the SUMMARY problem of constant panhandling throughout the City. By passing this law, the City will be able to reduce or eliminate this problem and at the same time, increase safety to pedestrians and vehiclular traffic as well as make Tukwila a more desirable city to live in and visit. REVIEWED BY — COW Mtg. — CA&P Cmte Ej F&S Cmte 111 Transportation Cmte n Utilities Cmte r Arts Comm. Parks Comm. E Planning Comm. DATE: 10/22/13 COMMITTEE CHAIR: DENNIS ROBERTSON RECOMMENDATIONS: SPoNsoR/ADmIN. COMMIYIFE Tukwila Police Department Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $-0- $-0- $-0- Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 10/28/13 MTG. DATE ATTACHMENTS 10/28/13 Informational Memorandum dated 10/04/13 Ordinance in Draft Form Minutes from the Finance and Safety meeting of 10/22/13 11/04/13 79 80 TO: 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. 81 82 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 83 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 84 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 85 86 Finance & Safety Committee Minutes October 22, 2013 — Page 2 D. Permit User Fee for Technology Investments Staff is seeking Council direction on the adoption of a new technology fee on building, public works and land use permits. Revenues from the fee would offset the total $356,460 cost of the new "Trakit" permit processing system as well as potentially fund the cost of preserving and providing electronic access to current and historical permit records. A combination of technology fee revenue and funds from the microfilming /digitizing budget would enable the Digital Records Coordinator position in the Office of the City Clerk (currently at 3/4 time) to become full time in 2014. Trakit integrates with the City's digital records repository through Laserfiche, providing web -based accessibility of finalized permit records to the public, and would result in less staff time spent on processing public records requests. A survey of other local jurisdictions indicates that many cities are applying a technology fee, and it is either a flat fee, fee per sheet, or percentage of the permit fee ranging from 1.3 to 5 %. Materials in the Committee packet provide estimated revenues from technology fees at varying percentage levels for the past several years as well as for an average permit revenue of 1.3 million dollars. For example, a technology fee set at 5% is estimated to bring in $65,000 annually. Staff recommends that Council consider imposing the technology fee at the 5% level. Provided for the Committee's review is a draft resolution that would impose a technology fee at the recommended 5% level, eliminate hourly fees imposed on complex permits, and finally, consolidate various but related fees into one schedule. There is a companion draft ordinance that would remove permit fees from Tukwila Municipal Code 16.04, Buildings and Construction, in accordance with this consolidation. The Community Affairs and Parks Committee also received a briefing on this proposal at its October 14 meeting, and in response to questions that arose then, the memo was updated to include information about the level of service provided by the comparison cities in Attachment A. None of the surveyed cities offer online accessibility to finalized permit records as Tukwila would under the 5% fee proposal. The revised Attachment A also includes a column indicating whether the comparison city imposes a B &O tax. A new table was added that shows a 10 year payback period for Trakit and the remaining available funds at different fee levels for digital records and technology replacement. After discussion and clarification of questions, Committee members were supportive of the fee at the 5% level. Decision - making regarding the level of funding for records management will be part of the 2014 budget review if the fee is approved by Council. FORWARD TO OCTOBER 28 COMMITTEE OF THE WHOLE. E. Ordinance — Interfering with Traffic Staff is seeking Council approval of an ordinance that would establish new regulations relating to interfering with traffic to be codified as Chapter 9.21 in the Tukwila Municipal Code. Conduct by pedestrians interfering with traffic in City rights -of -way not only causes congestion but is a public safety concern. This proposal would replace the current ordinance prohibiting certain types of solicitation, which does not address traffic interference by all types of pedestrians. The proposed ordinance would prohibit traffic interference in a public right -of -way and establish penalties for violation. In practice, officers who observed such activity would give the violator a written warning before issuing the infraction. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 28 COMMITTEE OF THE WHOLE. F. Ordinance — Ethics Code As follow up to the Committee's requests from the October 8 meeting, City Attorney Shelley Kerslake returned with a proposed ordinance that establishes a single ethics code for elected officials, appointed officials, and City employees. The proposal establishes an appointed Ethics Board which would receive complaints of ethics violations and make an initial determination of sufficiency. Following an investigation by an independent investigator, Council would make the final determination based upon the facts. The revised proposal also includes a new section regarding penalty options for elected officials. 87