HomeMy WebLinkAboutOrd 2023-11ORDINANCE NO. 23-11
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN
HILLS TOWN CODE, CHAPTER 12 TRAFFIC. ARTICLE 12-2 TRAFFIC
CONTROL BY ADDING SECTION 12-2-13 PEDESTRIANS IN THE
ROADWAY: PROVIDING FOR REPEAL OF CONFLICTING
ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR PENALTIES.
RECITALS:
WHEREAS, the Mayor and Town Council of the Fountain Hills (the "Town Council) have
exclusive control over the streets, alleys, avenues, and sidewalks of the Town and are empowered
within the limits of the Town to regulate the use thereof; and
WHEREAS, the Town Council wishes to address and remediate the inherent safety concerns
caused by persons stopping in and around roadways and medians in close proximity to moving
vehicles, and that such safety concerns are an important governmental interest; and
WHEREAS, the Town Council has studied the issue and considered traffic and accident data and
determined that prohibiting stopping or remaining roadway and similar areas adjacent only to
higher speed roadways is an acceptably narrowly tailored method of regulation.
WHEREAS, the Town Council desires to amend the Town Code to prohibit such activities
throughout the Town.
ENACTMENTS:
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
TOWN OF FOUNTAIN HILLS as follows:
SECTION 1. Chapter 12, Article 12-2, Section 12-2-13, Reserved; is amended, by adding Section
12-2-13 Pedestrians in Roadway or Median as follows (new text in ALL CAPS); deletions in
strikeout):
SECTION 12-2-13 PEDESTRIANS IN ROADWAY OR MEDIAN Reseed
A. IT IS UNLAWFUL FOR ANY PEDESTRIAN TO STOP OR REMAIN IN
THE PORTION OF ANY ROADWAY DESIGNED FOR VEHICULAR
USE OR IN A PAINTED OR RAISED TRAFFIC ISLAND OR MEDIAN
THAT IS ADJACENT TO ANY ROAD ON WHICH THE MAXIMUM
SPEED LIMIT IS 35 MILES PER HOUR OR HIGHER AND WHICH
SAID TRAFFIC ISLAND OR MEDIAN IS NOT SPECIFICALLY
DESIGNATED FOR USE BY PEDESTRIANS EXCEPT TO WAIT TO
CROSS THE ROADWAY AT THE NEXT PEDESTRIAN SIGNAL OR,
ORDINANCE 23-11 PAGE 2
IN THE ABSENCE OF A PEDESTRIAN SIGNAL, WHEN TRAFFIC
HAS CLEARED OR YIELDED.
B. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO
PERSONS OCCUPYING A MEDIAN OR ROADWAY WHILE
CONDUCTING ACTIVITIES RELATED TO MAINTENANCE,
SURVEYING, CONSTRUCTION, LANDSCAPE MAINTENANCE,
LANDSCAPE IMPROVEMENTS, OR OTHER SIMILAR ACTIVITY
NECESSARY FOR THE SAFE AND EFFICIENT OPERATION OF
TOWN STREETS; PROVIDED THAT ALL SUCH OPERATIONS
MUST BE CONDUCTED ONLY UPON APPROVAL OF THE PUBLIC
WORKS DIRECTOR OR DESIGNEE, AND UPON SUCH
CONDITIONS AS THE PUBLIC WORKS DIRECTOR SHALL
REQUIRE, SUCH AS ADJACENT LANE CLOSURES, USE OF
APPROPRIATE SAFETY VESTS OR GEAR, AND/OR OTHER
SAFETY PRECAUTIONS DESIGNED TO ENSURE THE SAFETY OF
MOTORISTS AND THOSE TEMPORARILY OCCUPYING THE
MEDIAN FOR THESE PURPOSES.
C. THE PROVISIONS OF SECTION SHALL NOT APPLY TO
EMERGENCY PERSONNEL OCCUPYING A MEDIAN OR
ROADWAY IN RESPONSE TO AN ACCIDENT, SAFETY HAZARD,
OR OTHER EMERGENCY SITUATION. EMERGENCY PERSONNEL
TEMPORARILY OCCUPYING A MEDIAN OR ROADWAY FOR
THESE PURPOSES SHOULD TAKE ADEQUATE PRECAUTIONS TO
HELP ENSURE PROPER NOTIFICATION OF THE EMERGENCY
SITUATION IF FEASIBLE AND TO PROVIDE SUCH SAFETY
MEASURES AS ARE APPROPRIATE AND REASONABLY
AVAILABLE IN LIGHT OF THE EMERGENCY SITUATION
PRESENTED.
NOTHING IN THIS SECTION SHALL PROHIBIT THE LAWFUL
EXERCISE OF ESTABLISHED RIGHTS UNDER THE UNITED
STATES OR ARIZONA CONSTITUTIONS.
SECTION 2. Providing for Repeal of Conflicting Ordinances. All ordinances and parts of
ordinances in conflict with the provisions of this Ordinance or any part of the Code adopted herein
by reference are hereby repealed.
SECTION 3. Providing for Severability. If any section, subsection, sentence, clause, phrase, or
portion of this Ordinance or any part of the Code adopted herein by reference is, for any reason, held
to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions thereof.
ORDINANCE 23-11 PAGE 3
SECTION 4. Providing for Penalties. A person who violates this Ordinance or any part of the
Code adopted herein by reference shall be responsible, as stated in Chapter 1-8, Section 1-8-2:
A. Any person found guilty of violating any provisions of this code, when
classified as a Class I misdemeanor, and upon conviction thereof, shall be
punished by a fine not to exceed $2,500.00 or by imprisonment for a period
not to exceed six months, or by both such fine and imprisonment.
B. otherwise specified, any violation of or failure or refusal to do or perform
any act designated as a civil traffic violation is subject to A.R.S. Title 28,
Chapter 5, and amendments thereto.
Any person who is found or pleads guilty to a misdemeanor criminal offense
in the municipal court and who, as a consequence, is incarcerated in any jail
facility, may as a part of any sentence imposed by the municipal court, be
required to reimburse the Town for any costs of such incarceration charged
to the Town by the jail facility in which the person was incarcerated.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, this
day of August, 2023.
FOR THE TOWN OF FOUNTAIN HILLS: ATTE$,TED TO:
,A -A\ N /
GinnckeyJ Mayor v Lir(da Mendenhall, Town Clerk
REVIEWED BY:
APPROVED AS TO FORM:
Rachae Good in, Interim Town Manager Aaron D. Amson, Town Attorney