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Home My WebLink About2014-011 Prohibition of Receipt of Items from Occupant of a Motor Vehicle on High Traffic Intersections; YMC Amendment 6.75.025 ORDINANCE NO. 2014 -011 AN ORDINANCE relating to Public Safety; amending Yakima Municipal Code Chapter 6.75; amending section 6.75.025 prohibiting the receipt of items from the occupant of a motor vehicle on a public roadway to include high traffic volume intersections and additional high accident intersections; and establishing a period of review to evaluate updated information on high accident and high volume traffic intersections. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 6.75.025, of the City of Yakima Municipal Code is hereby amended to read as follows: 6.75.025 Receipt of items from the occupant of a motor vehicle at certain intersections prohibited. A. The purpose of this section is to promote the City's fundamental interest in public health and safety, by regulating conduct that occurs at high accident and /or high volume intersections and to provide for the free flow of motor vehicle traffic on roadways in the City. The City Council finds that the intersections listed in subsection D are high accident intersections and /or high traffic volume intersections and to receive any item from the occupant of a motor vehicle upon a roadway within these intersections presents a threat to public safety and the free and safe flow of motor vehicle traffic. B. For purposes of this Section the following definitions apply: 1. "Item" means any physical object. 2. "Permitted Parking Area" means an area in which parking a vehicle is authorized. 3. "Receive" means to acquire or collect any item from the occupant of a motor vehicle that is located in the roadway. 4. "Roadway" means that portion of the road designed or ordinarily used for vehicular travel within the City. This definition excludes private roads and private property. This definition also excludes areas where parking is permitted in the City. C. It shall be unlawful to violate any prohibitions set forth below within the areas listed in subsection D. 1. No person shall receive any item from an occupant of any motor vehicle when the vehicle is located in the roadway. 2. This Section shall not apply to the receipt of any item with the occupant of a motor vehicle on private property or in a permitted parking area. 3. This Section shall not apply to any law enforcement officer acting within the scope of his or her official duty. 4. This Section shall not apply to the receipt or exchange of any item with the occupant of a motor vehicle located in the roadway in order to assist the occupant after a motor vehicle accident, with a disabled motor vehicle, or where the occupant is experiencing a medical emergency. D. Conduct described in subsection C. 1. is prohibited within 250 feet of the following high accident and /or high volume intersections: a. S 1 St and Washington Ave b. S 1 St and Nob Hill Blvd c. S 1 St and Walnut St d. S 1 St and Mead Ave e. S 1 St and W Yakima Ave f. S 40 Ave and W Nob Hill Blvd g. S 40 Ave and Tieton Dr h. S 40 Ave and Summitview Ave S 16 Ave and Tieton Dr j. S 16 Ave and W Nob Hill Blvd k. S 16 Ave and W Washington Ave N 40 Ave and Fruitvale Blvd m. N 40 Ave and W Lincoln Ave n. N 40 Ave and River Road /Powerhouse Road o. N 40 Ave and Englewood P. S 3 Ave and W Nob Hill Blvd q. S 3 Ave and E Walnut St r. S Fair Ave and E Nob Hill Blvd s. S 18 St and E Nob Hill Blvd t. N 16 Ave and W Lincoln Ave u. N 16 Ave and Summitview Ave v. N16 Ave and Fruitvale Blvd w. N 16 Ave and W Yakima Ave x. Front St and Yakima Ave y. S 64 Ave and Nob Hill Blvd z. N 1 St and E I St E. The City Prosecutor shall review updated high accident and high volume traffic studies every three years and shall report to the City Council Public Safety Committee on any statistical changes. Section 2. 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 20 day of May, 2014. ATTEST: 4Z ayor 4%. _I.. • City Clerk �, e , � Publication Date: May 23, 2014 ;; °, ` *. • Effective Date: June 22, 2014 l`�TON • f� F x .11 4 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 12. For Meeting of: May 20, 2014 ITEM TITLE: Ordinance amending Yakima Municipal Code Chapter 6.75; amending section 6.75.025 prohibiting the receipt of items from the occupant of a motor vehicle on a public roadway. SUBMITTED BY: Cynthia I. Martinez, Senior Assistant City Attorney SUMMARY EXPLANATION: Last year the City Council conducted a public hearing on the issue of panhandling in the City of Yakima. The testimony led to the criminalization of aggressive panhandling and the prohibiting of the receipt of items from a vehicle on the roadway at high accident intersections. The Council chose this prohibition because it curbed the dangerous conduct without curbing free speech. Since the effective date of that ordinance, there continues to be public concern regarding the receipt of items from a vehicle on the roadway at high traffic volume intersections. Most of the high traffic volume intersections overlap with the high accident intersection data. However the following intersections are in the top 20 for traffic flow within the City of Yakima, but are not high accident intersections: S 16th Ave and W Washington Ave N 40th Ave and Englewood N 40th Ave and W Lincoln Ave N 1st St and E I St N 40th Ave and River Road /Powerhouse Road N 16th Ave and W Yakima Ave These intersections have been added to the proposed ordinance along with the following five additional high accident intersections: Front St and Yakima Ave S 64th Ave and Nob Hill Blvd S 1st St and Walnut St S 3rd Ave and E Walnut St If approved by the City Council, receipt of items from a vehicle on the roadway will be prohibited in the City of Yakima's top 20 high accident and high volume intersections as supported by current traffic studies. See attached. The proposed ordinance also adds a review provision so that the ordinance is based on current data. Resolution: Ordinance: X Other (Specify): Contract: Contract Term: Start Date: End Date: Item Budgeted: NA Amount: Funding Source /Fiscal Impact: Strategic Priority: Public Safety Insurance Required? No Mail to: Phone: APPROVED FOR SUBMITTAL: City Manager RECOMMENDATION: Approve and Adopt the proposed Ordinance. ATTACHMENTS: Description Upload Date Type Ordinance -YMC Ch 6.75 & Sect. 025 \Ordinance - 0 Amending YMC Ch 6.75 & Sect. 025 - Prohibiting 5/14/2014 Ordinance Receipt of Items -FINAL 0 Ordinance - Amending YMC Ch 6.75 & Sect. 025- 5/13/2014 Ordinance Prohibiting Receipt of Items - REDLINE 0 High Volume and High Accident Data 5/13/2014 Backup Material ORDINANCE NO. 2014- AN ORDINANCE relating to Public Safety; amending Yakima Municipal Code Chapter 6.75; amending section 6.75.025 prohibiting the receipt of items from the occupant of a motor vehicle on a public roadway to include high traffic volume intersections and additional high accident intersections; and adding Section XXXX establishing a period of review to evaluate updated information on high ho numbor of accidents and high volume of—traffic intersections. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 6.75.025, of the City of Yakima Municipal Code is hereby amended to read as follows: 6.75.025 Receipt of items from the occupant of a motor vehicle at certain intersections prohibited. A. The purpose of this section is to promote the City's fundamental interest in public health and safety, by regulating conduct that occurs at high accident and /or high volume intersections and to provide for the free flow of motor vehicle traffic on roadways in the City. The City Council finds that the intersections listed in subsection D are high accident intersections and /or high traffic volume intersections and to receive any item from the occupant of a motor vehicle upon a roadway within these intersections presents a threat to public safety and the free and safe flow of motor vehicle traffic. B. For purposes of this Section the following definitions apply: 1. "Item" means any physical object. 2. "Permitted Parking Area" means an area in which parking a vehicle is authorized. 3. "Receive" means to acquire or collect any item from the occupant of a motor vehicle that is located in the roadway. 4. "Roadway" means that portion of the road designed or ordinarily used for vehicular travel within the City. This definition excludes private roads and private property. This definition also excludes areas where parking is permitted in the City. C. It shall be unlawful to violate any prohibitions set forth below within the areas listed in subsection D. 1. No person shall receive any item from an occupant of any motor vehicle when the vehicle is located in the roadway. 2. This Section shall not apply to the receipt of any item with the occupant of a motor vehicle on private property or in a permitted parking area. 3. This Section shall not apply to any law enforcement officer acting within the scope of his or her official duty. 4. This Section shall not apply to the receipt or exchange of any item with the occupant of a motor vehicle located in the roadway in order to assist the occupant after a motor vehicle accident, with a disabled motor vehicle, or where the occupant is experiencing a medical emergency. D. Conduct described in subsection C. 1. is prohibited within 250 feet of the following high accident and /or high volume intersections: a. S- 1S St and Washington Ave b. S- 1S St and Nob Hill Blvd c. S 1S St and Walnut St d. - 1S t and Mead Ave e. S- 1S St and W- Yakima Ave Gf. S- 40' Ave and W- Nob Hill Blvd S- 40 Ave and Tieton Dr S. 16 "., 2r.d `V N ±" H4" Bi.y eh. S- 40 Ave and Summitview Ave #i S- 16 Ave and Tieton Dr - 16 Ave and W- Nob Hill Blvd k. S 16 Ave and W Washington Ave gl. N- 40 Ave and Fruitvale Blvd m. N 40 Ave and W Lincoln Ave n. N 40 Ave and River Road /Powerhouse Road o. N 40 Ave and Englewood #p. S- 3r Ave and W- Nob Hill Blvd- g. S 3r Ave and E Walnut St +r. S- Fair Ave and E- Nob Hill Blvd i - ks. S- 18 St and E Nob Hill Blvd ti. N- 16 Ave and W- Lincoln Ave n. S. 1 €+ .,rd W ti - eu. N- 16 Ave and Summitview Ave v. N 16 Ave and Fruitvale Blvd w. N 16 Ave and W Yakima Ave x. Front St and Yakima Ave V. S 64 Ave and Nob Hill Blvd z. N 1S St and E I St E. The City Prosecutor shall review updated high accident and high volume traffic studies every three years and shall report to the City Council Public Safety Committee on any statistical changes. ection 22. 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 20134. ATTEST: Micah Cawley, Mayor City Clerk Publication Date: Effective Date: Yakima's 20 Busiest Intersections • 1: N 40th and Summitview 0 2: S 16th and Nob Hill •� ® 3: S 40th and Nob - M Hill �ti �F A" co • 0 4: S 40th and Teton „lb A, • 5: S 1st and Nob Hill ��'yo �l Blvd • & s F °' I a • 6: S 1st and 0 c ` � Washington SUMMITVIEW p,K\ • 7: S 16th and _ YAKIMA _ YAKIMA _ '= Washington — 2 • I— 8: S 16th and Tieton TIETON ® 9: N 16th and Summitview NOB HILL ® Ill 10:S1standMead AI = �� 1— CO O 11: S 3rd and Nob 0 — cc Hill O 12: N 16th and Lincoln WASHINGTON WASHING - 0 13:N 16th and Fruitvale Ile fm 14: N 40th and Fruitvale CD CD 0 Englewood N 4 and Englew0000 d O 16: S 1st and Yakima Ave O 17: No 40th and Lincoln O 18: N 1st and E I St 0 19: 40th and / YVCOG River/Powerhouse 20: N 16th and 0 0.5 1 2 3 4 o Miles NORTH Yakima c Prepared by YVCOG May 7, 2014 Intersection Magic VERGJ34 City of Vak WA 07/29/2013 Intersection listing � 01/01/2012 - 06/30/2013 Top 20 intersections with at Ieast 1 accidents. Sorted by: Count (d) Name (d) Count (a) Filter: (clear filter) Rank Intersection Count 1 lst St & Washington Ave 46 2 1st 5tSt Nob Hill Blvd 35 3 4OLh Ave & Nob Hill Blvd 32 4 16th Ave /& Nob Hill Blvd 23 5 40th Ave 6\SummitviewAve 22 6 16th Ave & Tieton Dr 22 7 4Oth Ave 8' Fruitvale Blvd 21 8 3rd Ave & Nob Hill Rlvd 21 9 F&r Ave & Nob Hill Blvd 19 10 1st St& Mead Ave 19 11 18th St & Nob Hill Blvd 19 12 lGth Ave & Lincoln Ave 19 13 40th Ave & Tieton Dr 18 14 1st St6k Yakima Ave 18 15 1Gth Ave /&SummhviewAve 18 16 16th Ave & Fruitvale Blvd 17 17 1st St R' Walnut 5t 16 18 Front St & Yakinia Ave 15 19 64th Ave & Nob Hill Blvd 15 20 3rd Ave & Walnut St 15 Totals: 430 Averages: 21.5 Node# Location Volume Type Xcard Ycord 1 1241,. ; N 40th and Sumrrtttview, , 4618 63 U.'45,10,4114,042 1624873 461892 4 2 1426 5 16th and Nob Hill Blvd 4466.59 Signalized 1632785 456534.09 3 X418 S 40th and Nob Hill BIvd,.. 4376, 2.9 S finalized 162A83 44566030 4 1359 5 40th and Tieton 4306.07. Signalized 1624880 459235/2 5 1437. S 1st.and.Nob Hi l Blvd... 4133 9,6 S gnaltzed 16431 2 456762 81; 6 1606 5 lst and Washington St 3871.62 Signalized 1643555 451136.55 7 1598 5 l6th.and Washington 3854 53 S ignalize d 1.63276 451296 06 8 1365 S 16th and Tieton 3854.47 Signalized 1632794 459174.81 9, 1249 N 161h „ 5u,mrn�tvtew 82739, , Sig naltzed 1632777, 46181076 10 1521 S lst and Mead 3780.33 Signalized 1642443 453783.87 1.1... .. ",1,432 S 3rd :and Nob Hill`Blvd 3674 signalized ,1 638022' 456535 18 12 1153 N 16th and Lincoln 3599.47 Signalized 1632763 463167.95 :3„ 1014 , N 16t and ,;Fruitvale 3351 Signalized 1632767 466486 85 14 937 N 40th and Fruitvale 3298.39 Signalized 1625120 469596.83 15, 1057. N 40th and Englewood. ,328143 Signalized 16;24854. 11.,001$103, 16 1166 S lst and Yakima Ave. 3150.87 Signalized 1638877 462704.96 17 . 1140 ; N 4oth an'd Lincoln 3,137 52 S ignalized 16248,5,1; „463180 99 18 1956 N lst and E 1St 3095.78 Signalized 1637401 467143.19 °19 965 40 an R iver f P 09 3 Sig d 1624812 w . ,.468 20 1301 N 16th and Yakima Ave 3048.72 Signalized 1632780 460889.99 1 1