HomeMy WebLinkAbout05/20/2014 12 Prohibition of Receipt of Items from Occupant of a Motor Vehicle on High Traffic Intersections; YMC Amendment 6.75.025BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 12.
For Meeting of: May 20, 2014
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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:
RECOMMENDATION:
City Manager
Approve and Adopt the proposed Ordinance.
ATTACHMENTS:
Description
Ordinance-YMC Ch 6.75 & Sect. 025\Ordinance-
Amending YMC Ch 6.75 & Sect. 025 -Prohibiting 5/14/2014
Receipt of Items -FINAL
Ordinance -Amending YMC Ch 6.75 & Sect. 025-
Prohibiting Receipt of Items -REDLINE 5/13/2014
High Volume and High Accident Data 5/13/2014
Upload Date
Type
Ordinance
Ordinance
Backup IMaterliall
AN ORDINANCE
ORDINANCE NO. 2014 -
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 1St St and Washington Ave
b. S 1St St and Nob Hill Blvd
c. S 1St St and Walnut St
d. S 1St St and Mead Ave
e. S 1St St and W Yakima Ave
f. S 40th Ave and W Nob Hill Blvd
g. S 40th Ave and Tieton Dr
h. S 40th Ave and Summitview Ave
S 16th Ave and Tieton Dr
j. S 16th Ave and W Nob Hill Blvd
k. S 16th Ave and W Washington Ave
N 40th Ave and Fruitvale Blvd
m. N 40th Ave and W Lincoln Ave
n. N 40th Ave and River Road/Powerhouse Road
o. N 40th Ave and Englewood
p. S 3rd Ave and W Nob Hill Blvd
q. S 3rd Ave and E Walnut St
r. S Fair Ave and E Nob Hill Blvd
s. S 18th St and E Nob Hill Blvd
t. N 16th Ave and W Lincoln Ave
u. N 16th Ave and Summitview Ave
v. N 16th Ave and Fruitvale Blvd
w. N 16th Ave and W Yakima Ave
x. Front St and Yakima Ave
y. S 64th Ave and Nob Hill Blvd
z. N 1St 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 day of
, 2014.
ATTEST: Micah Cawley, Mayor
City Clerk
Publication Date:
Effective Date:
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 the number 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- 1St St and Washington Ave
b. S- 1St St and Nob Hill Blvd
c. S 1St St and Walnut St
d. .. 1st t and Mead Ave
e. S- 1St St and W- Yakima Ave
Gf. S- 40th Ave and W- Nob Hill Blvd
S- 40th Ave and Tieton Dr S. 16'4 Ave and W. N b Hill Blvd
eh. S- 40th Ave and Summitview Ave
#i S- 16th Ave and Tieton Dr
$- 16th Ave and W- Nob Hill Blvd
k. S 16th Ave and W Washington Ave
gl. N- 40th Ave and Fruitvale Blvd
m. N 40th Ave and W Lincoln Ave
n. N 40th Ave and River Road/Powerhouse Road
o. N 40th Ave and Englewood
#p.
S- 3rd Ave and W- Nob Hill Blvd-
q. S 3rd Ave and E Walnut St
+r. S- Fair Ave and E- Nob Hill Blvd
j.
- ks. S- 18th St and E Nob Hill Blvd
ti. N- 16th Ave and W- Lincoln Ave
m. 'h Avc an Tict n r
n. S. 1s' St and W. Yakima Avc
- Gu. N- 16th Ave and Summitview Ave
v. N 16th Ave and Fruitvale Blvd
w. N 16th Ave and W Yakima Ave
x. Front St and Yakima Ave
V. S 64th Ave and Nob Hill Blvd
z. N 1St 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:
410
1: N 40th and
Summitview
2:S16thand Nob
Hill
®3: S 40th and Nob
Hill
• 4: S 40th and Tieton
5: S 1st and Nob Hill
Blvd
fp6:S1st and
Washington
• 7: S 16th and
Washington
8: S 16th and Tieton
®9:N16thand
Summitview
• 10: S 1st and Mead
O 11: S 3rd and Nob
Hill
O 12: N 16th and
Lincoln
O 13: N 16th and
Fruitvale
O 14: N 40th and
Fruitvale
O 15: N 40th and
Englewood
O 16: S 1st and
Yakima Ave
O 17: N 40th and
Lincoln
O 18: N 1st and E I St
0 19: 40th and
River/Powerhouse
20: N 16th and
Yakima
0
Yakima's 20 Busiest Intersections
YAKIMA _ YAKIMA
WASHINGTON
0 0.5 1
2
3 4
Miles
NORTH
/YVCOG�
Prepared by YVCOG
May 7, 2014
Intersection Magic VER 6.734
City of Yak WA 07/29/2013
Intersection listing
01/01/2012.06/30/2013
Top 20 intersections with at least 1 accidents.
Sorted by: Count (d) Name (d) Count (a)
Filter: (dear filter)
Rank Intersection Count
1 lst St & Washington Ave 46
2 lst St & Nob Hill Blvd 35
3 40th Ave & Nob Hill Blvd 32
4 16th Ave & Nob Hill Blvd 23
5 40th Ave & Summitview Ave 22
6 16th Ave & Tieton Dr 22
7 40th Ave & Fruitvale Blvd 21
8 3rd Ave & Nob Hill Blvd 21
9 Fair Ave & Nob Hill Blvd 19
10 lst St & Mead Ave 19
11 18th St & Nob Hill Blvd 19
12 16th Ave & Lincoln Ave 19
13 40th Ave & Tieton Dr 18
14 lst St & Yakima Ave 18
15 16th Ave & Summitview Ave 18
16 16th Ave & Fruitvale Blvd 17
17 1st St & Walnut St 16
18 Front St & Yakima Ave 15
19 64th Ave & Nob Hill Blvd 15
20 3rd Ave & Walnut St 15
Totals: 430
Averages: 21.5
Node#
Location
Volume
Type
Xcord
Ycord
ummitvie
naiize
2
1426
S 16th and Nob Hill Blvd
446639
Signalized
1632785
456534.09
na
4
1359
S 40th and Tieton
4306.07
Signalized
1624880
459235.22
nalize
6
1606
5 1st and Washington St
3871.62
Signalized
1643555
45113635
54.
nalize
8
1365
S 16th and Tieton
3854.47
Signalized
1632794
459174.81
,an
ui Th tview
ignalize
10
1521
S 1st and Mead
3780.33
Signalized
1642443
453783.87
1432
an
ob Hill Blvd=
3674 63
ignaIize
12
1153
N 16th and Lincoln
3599.47
Signalized
1632763
463167.95
13
1014
and Fruitvale'
351.13.
nalize
6486:
14
937
N 40th and Fruitvale
3298,39
Signalized
1625120
469596.83
nglewood
281.4:
ize
248
16
1166
S 1st and Yakima Ave.
3150.87
Signalized
1638877
462704.96
17
1140.
0th an
Lincoln
313
realize
48
3180:
18
1956
N1st and EISt
3095.78
Signalized
1637401
467143.19
4Oth and River,/ Powerhouse
3092.31
gnahzed
2481
20
1301
N 16th and Yakima Ave
3048.72
Signalized
1632780
460889.99