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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