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HomeMy WebLinkAbout2025-006 Ordinance amending Yakima Municipal Code Chapter 9.25 relating to establishing cruising event dates and times by resolution annually1 ORDINANCE NO. 2025-____ AN ORDINANCE amending City of Yakima Municipal Code Chapter 9.25 Cruising Control WHEREAS, the City Council finds that cruising has historically been and continues to be an event enjoyed by Yakima residents and visitors; and WHEREAS, there need to be some regulations on cruising within the City to preserve the general health, safety and welfare of its residents and visitors; and WHEREAS, the City Council also acknowledges that various events take place during the summer months and weekends in Yakima for which special event permits may be obtained, and flexibility around setting dates for cruising is in the best interest of the City; and WHEREAS, the City Council determines that the specific dates on which City will not enforce YMC 9.25.010 in order to allow cruising should be set forth by Council resolution rather than set forth by the ordinance; now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. City of Yakima Municipal Code Chapter 9.25 Cruising Control is hereby amended to read as follows: Chapter 9.25 CRUISING CONTROL Sections: 9.25.010 Cruising prohibited. 9.25.020 Cruising permitted—Open cruising event. 9.25.010 Cruising prohibited. A. No person shall drive or permit a motor vehicle under that person’s care, custody or control to be driven past a traffic-control point more than two times in the same direction of travel within a two-hour period in or around a posted no cruising area so as to contribute to traffic congestion, obstruction of streets, sidewalks or parking lots, impediment of access to shops, restaurants or other buildings open to the public, or interference with the use of property or the conduct of business in the area adjacent thereto, except as provided in YMC 9.25.020. B. The police chief or his designee shall determine when an area has become so congested by traffic as to present a danger of traffic congestion, obstruction of streets, sidewalks or parking lots, impediment of access to shops, restaurants or other buildings open to the public, or interference with the use of property or conduct of business in the area adjacent thereto or that emergency vehicles cannot respond in that area within a reasonable period of time. The police chief or his designee shall then direct that the no cruising signs shall be erected or installed and maintained until the congestion has lessened to an appreciable degree. The chief of police may declare all or a portion of any street or way open to the public to be a no cruising area when: 1. Traffic congestion has slowed average vehicle speed to less than two-thirds the posted speed limit and the congestion is caused in whole or in substantial part by cruising; and 2 2. The congestion significantly interferes with passage of vehicles being driven to and from locations within the area; or 3. In areas which contain transit routes, buses or trolleys are or would be substantially delayed; or 4. The congestion is likely to prevent or substantially delay emergency vehicles from responding to locations within the area, or from passing through the area. The designation of a street or way open to the public as a no cruising area shall remain in effect for a period of four hours, unless withdrawn earlier or extended for additional four-hour periods by the chief of police. C. At every point where a public street becomes or provides ingress to a no cruising area, there shall be posted a sign which reads as follows: “NO CRUISING AREA.” No person shall drive or permit a motor vehicle under that person’s care, custody or control to be driven past a traffic-control point more than two times in the same direction of travel within a two-hour period in or around this area. D. A “traffic-control point” as used in this section means any point or points established by the police department for the purpose of monitoring cruising within a designated no cruising area. E. No violation shall occur except upon the third passage of a motor vehicle by the same traffic-control point in the same direction of travel within the aforementioned two-hour period. This section shall not apply to in-service emergency vehicles, police vehicles, taxicabs for hire, buses, trolleys and other vehicles being driven for business purposes. F. Penalty. A violation of this chapter shall be an infraction subject to a penalty of one hundred dollars. G. “Special Event Permit” is defined as a permit issued pursuant to Yakima Municipal Code 9.70. (Ord. 2019-033 § 1 (part), 2019: Ord. 2005-20 § 1, 2005: Ord. 94-10 § 1, 1994). 9.25.020 Cruising permitted—Open cruising event. A. Cruising shall be permitted by the public during an open cruising event on Yakima Avenue from six p.m. to ten p.m. on the second and third Saturday evenings of the months of June, July, August and September of each yeardesignated pursuant to resolution adopted by the city council from time to time. This permission does not prohibit other special events to occur on Yakima Avenue during these times unless aNo Special Event Permits requiring the closure of Yakima Avenue has been permitted which would preclude cruisingshall be issued for events scheduled on dates designated as open cruising events, and the city council shall not designate an open cruising event on dates for which a Special Event Permit requiring such closure has already been issued. B. For any additional open cruising event or events to take place such designation shall be made pursuant to resolutions adopted from time to time by the city council. Such additional open cruising events shall be deemed special events subject to all of the provisions and requirements of Chapter 9.70 YMC. Such resolution shall contain the language: “If no special 3 event permit is obtained within fourteen days of the date of the event, the resolution shall be considered null and void.” C.B. Following adoption of any resolution designating an open cruising event on Yakima Avenue, the designated open cruising event dates, with identification of the resolution designating such event, shall be posted on the city web site, and may be published in any other manner deemed appropriate. (Ord. 2019-033 § 1 (part), 2019: Ord. 2013-018 § 1 (Exh. A), 2013: Ord. 2010-23 § 1, 2010: Ord. 2009-16 § 1, 2009: Ord. 2008-38 § 1, 2008: Ord. 2008- 25 § 1, 2008: Ord. 2007-38 § 1, 2007: Ord. 2007-23 § 1, 2007: Ord. 2006-14 § 1, 2006: Ord. 2005-76 § 1, 2005: Ord. 2005-20 § 2, 2005). Section 2. Severability. If any section, subsection, paragraph, sentence or clause of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of the ordinance. Section 3. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this ____ day of _______, 2025. ATTEST: Patricia Byers, Mayor Rosalinda Ibarra, City Clerk Publication Date: Effective Date: Item No. 7.I. For Meeting of: March 4, 2025 ITEM TITLE:Ordinance amending Yakima Municipal Code Chapter 9.25 relating to establishing cruising event dates and times by resolution annually SUBMITTED BY:*Trevor Martin, Planning Manager BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT SUMMARY EXPLANATION: On February 11, 2025, the City of Yakima City Council held a study session on special events. Staff presented the ordinance and discussed some of the challenges they have seen with special events. City Council passes a motion to rewrite the cruising ordinance to be less date specific and allow for cruising time to be more flexible in the future. Staff has created the Ordinance, and it was reviewed by legal. ITEM BUDGETED: N/A STRATEGIC PRIORITY 24-25: A Thriving Yakima RECOMMENDATION: Pass Ordinance. ATTACHMENTS: YMC 9.25 Cruising Control-Clean Version.docx YMC 9.25 Cruising Control-Redline Version.pdf 127