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Home My WebLink About06/06/2023 15. Ordinance amending Yakima Municipal Code Section 9.25.020 Cruising permitted—Open cruising event 1 sAir'ii/ik ,„F` �'�11�1 (,)' :ys ••6 e BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 15. For Meeting of: June 6, 2023 ITEM TITLE: Ordinance amending Yakima Municipal Code Section 9.25.020 Cruising permitted—Open cruising event SUBMITTED BY: Sara Watkins, City Attorney SUMMARY EXPLANATION: City Council requested that staff submit a proposed amended ordinance that changes the time of open cruising to 6:30 PM to 9:30 PM. Subsection (A) makes that change. Staff also added subsection (B) after review of the Truck Routes ordinance definition of truck. Under the truck route regulations, "truck" is defined as "any vehicle designed or operated for the transportation of property, and whose body weight or whose combined body and load weight or whose rated capacity exceeds twenty-six thousand pounds." Truck cabs may not weight 26,000 pounds on their own, and other commercial vehicles, such as box trucks, do not meet the definition of"truck" either. As such, a section was added for your consideration, that would prohibit semi-trucks, semi-truck cabs, semi-truck tractors, and other commercial vehicles. ITEM BUDGETED: Yes STRATEGIC PRIORITY: NA APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Pass ordinance. ATTACHMENTS: Description Upload Date Type 0 Ord-YMC 9.25.020 redl i ne 5/26/2023 Ordinance D Ord-YMC 9.25.020 Fi nal 5/26/2023 Ordinance 2 ORDINANCE NO. 2023- AN ORDINANCE amending City of Yakima Municipal Code Section 9.25.020 Cruising Control to amend allowed times when cruising prohibitions will not be enforced and to prohibit semi-truck cabs and other commercial vehicles from cruising. WHEREAS, the City Council finds that cruising has historically been, and continues to be an event enjoyed by Yakima residents and visitors; and WHEREAS, the City Council continues to find that there needs 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 determined that there should be specific times wherein the City would not enforce YMC 9.25.010, and that those times should be amended to reduce the hours of non-enforcement; and WHEREAS, the City Council also determined that cruising should be limited to passenger vehicles and non-commercial vehicles; and WHEREAS, the City Council finds that it is in the best interest of the residents and the City to amend YMC 9.25 to change the times of non-enforcement and limit non-enforcement to passenger and non-commercial vehicles; now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. City of Yakima Municipal Code Section 9.25.020 Cruising permitted—Open cruising event, is hereby amended to read as follows: 9.25.020 Cruising permitted—Open cruising event. A. Cruising shall be permitted by the public on Yakima Avenue from cix 6:30 p.m. to ton 9:30 p.m. on the second and third Saturday evenings of the months of June, July, August and September of each year. This permission does not prohibit other special events to occur on Yakima Avenue during these times unless a Special Event Permit has been permitted which would preclude cruising. Commercial vehicles, including, but not limited to, semi-trucks, semi-truck cabs, tractor units, box trucks, and/or any vehicle meeting the definition of "commercial vehicle" found in RCW 46.04.140, as now existing or as amended, or the definition of "truck" found in YMC 8.40.010(D), are prohibited from participating in open cruising events. A violation of this sub-section shall be subject to the penalty in Section 9.25.010(F). &C. 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 event permit is obtained within fourteen days of the date of the event, the resolution shall be considered null and void." 1 3 C. 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. 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 6th day of June, 2023. ATTEST: Janice Deccio, Mayor Rosalinda Ibarra, City Clerk Publication Date: Effective Date: 2 4 ORDINANCE NO. 2023- AN ORDINANCE amending City of Yakima Municipal Code Section 9.25.020 Cruising Control to amend allowed times when cruising prohibitions will not be enforced and to prohibit semi-truck cabs and other commercial vehicles from cruising. WHEREAS, the City Council finds that cruising has historically been, and continues to be an event enjoyed by Yakima residents and visitors; and WHEREAS, the City Council continues to find that there needs 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 determined that there should be specific times wherein the City would not enforce YMC 9.25.010, and that those times should be amended to reduce the hours of non-enforcement; and WHEREAS, the City Council also determined that cruising should be limited to passenger vehicles and non-commercial vehicles; and WHEREAS, the City Council finds that it is in the best interest of the residents and the City to amend YMC 9.25 to change the times of non-enforcement and limit non-enforcement to passenger and non-commercial vehicles; now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. City of Yakima Municipal Code Section 9.25.020 Cruising permitted—Open cruising event, is hereby amended to read as follows: 9.25.020 Cruising permitted—Open cruising event. A. Cruising shall be permitted by the public on Yakima Avenue from 6:30 p.m. to 9:30 p.m. on the second and third Saturday evenings of the months of June, July, August and September of each year. This permission does not prohibit other special events to occur on Yakima Avenue during these times unless a Special Event Permit has been permitted which would preclude cruising. B. Commercial vehicles, including, but not limited to, semi-trucks, semi-truck cabs, tractor units, box trucks, and/or any vehicle meeting the definition of "commercial vehicle" found in RCW 46.04.140, as now existing or as amended, or the definition of "truck" found in YMC 8.40.010(D), are prohibited from participating in open cruising events. A violation of this sub-section shall be subject to the penalty in Section 9.25.010(F). C. 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 event permit is obtained within fourteen days of the date of the event, the resolution shall be considered null and void." 1 5 D. 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. 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 6th day of June, 2023. ATTEST: Janice Deccio, Mayor Rosalinda Ibarra, City Clerk Publication Date: Effective Date: 2