Lake Havasu City COUNCIL COMMUNICATION

Transcription

1 Lake Havasu City COUNCIL COMMUNICATION CC NO.: MEETING DATE: TYPE OF MEETING: 12 4/23/13 Regular TO: FROM: SUBJECT: COUNCIL GOAL: SUMMARY: Honorable Mayor and Council Kelly Garry, City Attorney Introduce Ordinance Amending Title 10 of the Lake Havasu City Code Due to City Reorganization and Other General Revisions N/A. In continuing the process of amending the City Code to reflect changes from the City's recent reorganization and of updating the City Code for any other purpose, attached is a summary of the suggested revisions to Title 10 as well as the tracked changes. As mentioned before, to make this undertaking more manageable and to allow sufficient time for review, only one or two Code titles will be brought to the City Council for consideration at a time. FISCAL IMPACT: ATTACHMENTS: RECOMMENDATION: SUGGESTED MOTION: None. Ordinance No Explanation of Revisions and Tracked Changes I recommend introduction of Ordinance No I move to introduce Ordinance No amending Title 10 of the Lake Havasu City Code due to the City Reorganization and other general revisions. CC-1 Rev. 1/5/2010 CITY MANAGER'S REVIEW

2 ORDINANCE NO AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF LAKE HAVASU CITY, MOHAVE COUNTY, ARIZONA, AMENDING TITLE 10, VEHICLES AND TRAFFIC, OF THE LAKE HAVASU CITY CODE DUE TO CITY REORGANIZATION AND OTHER GENERAL REVISIONS WHEREAS, Lake Havasu City recently completed a reorganization of its departments and divisions; and WHEREAS, some departments, divisions, and positions were renamed during the reorganization process and it is necessary to amend the City Code to reflect these changes; and WHEREAS, during the review of the City Code for reorganization purposes, City staff also made necessary revisions to reflect current practices, procedures, and laws, as well as general revisions. NOW THEREFORE BE IT ORDAINED, by the Mayor and City Council of Lake Havasu City, Arizona, as follows: Section 1: That Title 10, Vehicles and Traffic, of the Lake Havasu City Code is amended as specified in that certain document entitled the "2013 Amendments to Title 10, Vehicles and Traffic, of the Lake Havasu City Code" dated April 23, 2013, declared to be a public record by Lake Havasu City Resolution No , and hereby referred to, adopted in its entirety, and made part hereof as if fully set forth in this Ordinance. Section 2: All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 3: If any section, subsection, sentence, clause, phrase, or portion of this ordinance 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.

3 PASSED AND ADOPTED by the City Council of Lake Havasu City, Arizona, this day of, APPROVED: ATTEST: Mark S. Nexsen, Mayor Kelly Williams, City Clerk APPROVED AS TO FORM: REVIEWED BY. t Attorney Ch e Cassens, City Manager

4 2012/2013 City Code Revision Project Explanation of Revisions and Tracked Changes TITLE 10: VEHICLES AND TRAFFIC Chapter Administration Section Enforcement by Police: it is suggested to revise this Section to replace the word "accidents" consistent with state law ENFORCEMENT BY POLICE. It is the duty of the Police Department to provide for the enforcement of traffic regulations of the City and of the state vehicle laws applicable to traffic in the City, to make arrests for traffic violations, to investigate traffic accidents COLLISIONS, to assist in developing ways and means to improve traffic conditions, and to carry out all duties specifically imposed upon the Police Department by this Title. Section Traffic Violations - Records: it is suggested to revise this Section to generalize the reference to records retention TRAFFIC VIOLATIONS RECORDS. The Police Department shall keep a record of all violations of traffic laws of the City or the state in which any person has been charged. THESE RECORDS WILL BE MAINTAINED AS REQUIRED BY STATE RETENTION LAWS. The e - ee record shall be maintained complete for at least the most recent 5 year period. Section Traffic Violation Complaint Form: it is suggested to repeal this Section because the provisions are contained in state statute TRAFFIC VIOLATION COMPLAINT FORM. e e e Section Traffic Violation Public Record: it is suggested to repeal this Section because the provisions are contained in state statute TRAFFIC VIOLATION PUBLIC RECORDS. Records of traffic offenses shall be considered public records in accordance with Arizona Revised Statutes and privacy laws as applicable. Section Accident Investigation: it is suggested to revise this Section to 1

5 replace references to "accident" with "collision" to be consistent with state law and to renumber due to repealed sections ACCIDENT COLLISION INVESTIGATION. It is the duty of the Police Department to investigate traffic accidents COLLISIONS and to arrest and assist in the prosecution of those persons charged with violations of law causing or contributing to such accidents COLLISIONS. Section Accident Studies: it is suggested to revise this Section to reflect current practices, replace references to "accidents" with "collisions," and renumber ACCIDENT COLLISION STUDIES. Whenever the accidents COLLISIONS at any particular location become numerous, the Police Department CITY shall MAY conduct studies of such accidents THE COLLISIONS and detene RECOMMEND remedial measures. Section Accident Reports - System: it is suggested to revise this Section to replace references to "accident" with "collision" to be consistent with state law and to renumber due to repealed sections ACCIDENT COLLISION REPORTS SYSTEM. The Police Department shall maintain a traffic accident COLLISION report record system. Section Accident Reports Receipt and Filing: it is suggested to revise this Section to replace references to "accident" with "collision" to be consistent with state law and to renumber due to repealed sections ACCIDENT COLLISION REPORTS RECEIPT AND FILING. The Police Department shall receive and file all accident COLLISION reports as required by state-lawv-gf-eity law and all such reports shall be for the confidential use of the Department for accident prevention purposes. Section Accident Reports Use As Evidence: it is suggested to repeal this Section to be consistent with current practices. of an accident, except the Department shall furnish them upon demand of any 2

6 court. Section Violation - Penalty: it is suggested to renumber this Section VIOLATION PENALTY. A violation of any provision of this title is a civil offense punishable by a sanction as fixed by the court of not more than $300. " Chapter Rules of the Road Section Traffic Direction Fire Personnel: it is suggested to revise this Section to replace the word "officers" with "officials." TRAFFIC DIRECTION FIRE PERSONNEL. Officers of the Fire Department OFFICIALS, when at the scene of a fire or accident, may direct or assist the Police Department in directing traffic thereat or in the immediate vicinity. Section Compliance with Regulations and Officers: it is suggested to revise this Section to remove the word willfully COMPLIANCE WITH REGULATIONS AND OFFICERS. It is unlawful for any person to do any act forbidden or fail to perform any act required by this Chapter. It is unlawful for any person to wilfully fail or refuse to comply with any lawful order or direction of a police officer or a fire officer. Section Traffic-Control Devices - Placement: it is suggested to revise this Section to replace reference to Public Works Director TRAFFIC-CONTROL DEVICES PLACEMENT. The OPERATIONS DIRECTOR OR DESIGNEE Public Works Director shall place and maintain traffic-control devices, signs, and signals as required under the traffic regulations of the City to make effective the provisions of those regulations, and may place and maintain such additional traffic-control devices as he deems necessary to regulate or to guide or warn traffic. Section Pavement Markings Safety Zones Parking Zones: it is suggested to revise this Section to replace references to Public Works Director and handicapped. 3

7 PAVEMENT MARKINGS SAFETY ZONES PARKING ZONES. A. The OPERATIONS DIRECTOR OR DESIGNEE Public Works Director is authorized: 1A. To designate and maintain appropriate devices, marks, or lines upon the surface of the roadway, to control vehicular and pedestrian traffic where, in his or her opinion, there is a particular danger and at such other places as he or she deems necessary; 2g. To establish safety zones of such kind and character and at such places as he or she deems necessary for the protection of pedestrians; 3G. To designate and appropriately mark no-parking zones, limited parking zones, loading zones, taxicab zones, AND handicapped DISABLED PERSON PARKING zones, and upon the marking, these zones are not subject to the provisions of Title 14 of this Code when used for the intended purposes. Section Path Through Intersection Indicator Placement: it is suggested to revise this Section to replace reference to Public Works Director PATH THROUGH INTERSECTION INDICATOR PLACEMENT. The OPERATIONS DIRECTOR OR DESIGNEE Public Works Director is authorized to place markers, buttons, or signs within or adjacent to intersections indicating the course to be traveled by vehicles turning at the intersections. Section Turn Restrictions - Authority: it is suggested to revise this Section to replace reference to Public Works Director TURN RESTRICTIONS AUTHORITY. The OPERATIONS DIRECTOR OR DESIGNEE Public Works Director is authorized to determine those intersections at which drivers of vehicles shall not make a right, left or U-turn and shall place proper signs at the intersections. The making of the turns may be prohibited between certain hours of any day and permitted at other hours, in which event the hours shall be plainly indicated on the signs. Signs may be removed where the turns are permitted. Section One-Way Streets and Alleys: it is suggested to revise this Section to replace reference to Public Works Director ONE-WAY STREETS AND ALLEYS. A. The OPERATIONS DIRECTOR OR DESIGNEE Public Works Director may designate streets or alleys which are to be limited to one-way traffic. 4

8 B. Upon designating any street or alley as limited to one-way traffic, the OPERATIONS DIRECTOR OR DESIGNEE Public Works Director shall place and maintain signs giving notice thereof. No such designation under this section shall be effective unless the signs required by this subsection are in place. Signs indicating the direction of lawful traffic movement shall be placed at every intersection where movement of traffic in the opposite direction is prohibited. Section Right-of-Way at Intersections: it is suggested to revise this Section to replace reference to Public Works Director RIGHT-OF-WAY AT INTERSECTIONS. A. The OPERATIONS DIRECTOR OR DESIGNEE Public WoFks Director shall designate through streets, intersections where stops are required, and intersections where vehicles shall yield the right-of-way. B. The OPERATIONS DIRECTOR OR DESIGNEE Public Works Director shall erect and maintain the appropriate signs at every location where a vehicle must stop or yield the right-of-way. Section Crossing Fire Hose: it is suggested to revise this Section to add "emergency response incident" to include other instances where a fire hose might be necessary, such as accidents and hazardous material incidents CROSSING FIRE HOSE. No vehicle shall be driven over any unprotected hose of a Fire Department when laid down on any street, or private driveway to be used at any fire, alarm of fire, or EMERGENCY RESPONSE INCIDENT without the consent of the Fire Department officials in command. Section Motorized Play Vehicle: it is suggested to add this Section in order to regulate motorized play vehicles MOTORIZED PLAY VEHICLE. A. FOR PURPOSES OF THIS CHAPTER, MOTORIZED PLAY VEHICLE MEANS A COASTER, MOTORIZED VEHICLE, OR MOTORCYCLE TYPE VEHICLE THAT IS SELF-PROPELLED OR HAS A MOTOR OR ENGINE, GAS, ELECTRIC, OR ANY OTHER ALTERNATIVELY FUELED DEVICE, AND WHICH RESEMBLES OR SIMULATES A REAL MOTORIZED VEHICLE OR MOTORCYCLE TYPE VEHICLE. EXAMPLES INCLUDE, BUT ARE NOT LIMITED TO, POCKET BIKES, MINI-BIKES, GO-KARTS, MINIATURE RACE CARS, AND MINIATURE MOTORCYCLES. 5

9 B. NO MOTORIZED PLAY VEHICLE MAY BE OPERATED ON A ROADWAY, HIGHWAY, CITY RIGHT-OF-WAY, PUBLIC SIDEWALK, BICYCLE PATH, OR SHARED-USE PATH. C. NO MOTORIZED PLAY VEHICLE MAY BE OPERATED ON ANY PRIVATE PROPERTY OF ANOTHER WITHOUT THE WRITTEN PERMISSION OF THE OWNER, THE PERSON ENTITLED TO IMMEDIATE POSSESSION OF THE PROPERTY, OR THE AUTHORIZED AGENT OF EITHER. D. THE PARENT, GUARDIAN, OR LEGAL CUSTODIAN OF ANY MINOR SHALL NOT AUTHORIZE OR KNOWINGLY PERMIT SUCH MINOR TO VIOLATE ANY OF THE PROVISIONS OF THIS SECTION. IF A SANCTION IS IMPOSED UPON A MINOR WHO IF FOUND TO BE IN VIOLATION OF THIS SECTION, THE PARENTS OR LEGAL GUARDIAN HAVING CUSTODY OR CONTROL OF THE MINOR SHALL BE JOINTLY AND SEVERALLY LIABLE WITH THE MINOR FOR PAYMENT OF THE SANCTION, WHETHER OR NOT THE PARENTS OR GUARDIAN KNEW OF, OR ANTICIPATED, A VIOLATION OF THIS SECTION. E. A VIOLATION OF THIS SECTION SHALL BE A CIVIL TRAFFIC OFFENSE PUNISHABLE BY A SANCTION AS FIXED BY THE COURT OF NO MORE THAN $ PER VIOLATION. Chapter Parking. Section Parking Adjacent to Curb: it is suggested to revise this Section to bring language in line with corresponding state statute PARKING ADJACENT TO CURB. Except as otherwise provided IN THIS CHAPTER by resolution of the Council, every vehicle stopped or parked upon a roadway where there are adjacent curbs shall be so stopped or parked THE VEHICLE WITH ITS with the right-hand wheels of the vehicle parallel to and within eighteen (18) inches of the right-hand curb. Section Parking On One-Way Street: it is suggested to revise this Section to clarify the language PARKING ON ONE-WAY STREET. 6

10 Vehicles parking on a MARKED one-way street, which has been so indicated, may park on the left-hand side of the street with the left wheels of the vehicle parallel to and within eighteen (18) inches of the left-hand curb, if not prohibited. Section Where Stopping, Standing, or Parking Prohibited: it is suggested to revise this Section to bring in line with corresponding state statute WHERE STOPPING, STANDING, OR PARKING PROHIBITED. A. ON A STREET OUTSIDE OF A BUSINESS OR RESIDENCE DISTRICT, A PERSON SHALL NOT STOP, PARK, OR LEAVE STANDING A VEHICLE, WHETHER ATTENDED OR UNATTENDED, ON THE PAVED OR MAIN TRAVELED PART OF THE STREET IF IT IS PRACTICABLE TO STOP, PARK, OR LEAVE THE VEHICLE OFF THAT PART OF THE STREET. IF A PERSON STOPS, PARKS, OR LEAVES STANDING A VEHICLE, THE PERSON SHALL LEAVE AN UNOBSTRUCTED WIDTH OF THE STREET OPPOSITE THE STANDING VEHICLE FOR THE FREE PASSAGE OF OTHER VEHICLES WITHIN THE APPROPRIATE LANE AND A CLEAR VIEW OF THE STANDING VEHICLE SHALL BE AVAILABLE FROM A DISTANCE OF TWO HUNDRED FEET IN EACH DIRECTION ON THE STREET. B. THIS SECTION DOES NOT APPLY TO: 1. THE DRIVER OF A VEHICLE THAT IS DISABLED WHILE ON THE PAVED OR MAIN TRAVELED PORTION OF A HIGHWAY IN A MANNER AND TO AN EXTENT THAT IT IS IMPOSSIBLE TO AVOID STOPPING AND TEMPORARILY LEAVING THE DISABLED VEHICLE IN THAT POSITION. 2. A VEHICLE OR THE DRIVER OF A VEHICLE ENGAGED IN THE OFFICIAL DELIVERY OF THE UNITED STATES MAIL THAT STOPS ON THE RIGHT-HAND SIDE OF THE HIGHWAY FOR THE PURPOSE OF PICKING UP OR DELIVERING MAIL IF THE FOLLOWING CONDITIONS ARE MET: a. A CLEAR VIEW OF THE VEHICLE IS AVAILABLE FROM A DISTANCE OF THREE HUNDRED FEET IN EACH DIRECTION ON THE HIGHWAY OR A FLASHING AMBER LIGHT AT LEAST FOUR INCHES IN DIAMETER WITH THE LETTERS "STOP" PRINTED ON THE LIGHT IS ATTACHED TO THE REAR OF THE VEHICLE. b. THE VEHICLE HAS A UNIFORM SIGN THAT: i. IS AT LEAST FOURTEEN INCHES IN DIAMETER; ii. IS APPROVED BY THE DEPARTMENT; 7

11 iii. HAS THE WORDS "U.S. MAIL" PRINTED ON THE SIGN; AND iv. IS ATTACHED TO THE REAR OF THE VEHICLE. roadway for the free movement of vehicular traffic, except that a person may stop temporarily, in the actual loading or unloading of - e officer. CB. No person shall stop, stand, or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with law or the directions of a police officer or traffic-control device, in any of the following places: 1. On a sidewalk; 2. In front of a public or private driveway except for the loading or unloading of materials; 3. Within an intersection; 4. Within fifteen (15) feet of a fire hydrant; 5. On a crosswalk; 6. Within twenty (20) feet of a MARKED OR UNMARKED crosswalk at an intersection; 7. Within thirty (30) feet upon the approach to any flashing beacon, stop sign, yield sign, or traffic-control signal located at the side of a roadway; 8. Between a safety zone and the adjacent curb or within thirty (30) feet of points on the curb immediately opposite the ends of a safety zone, unless a different length has been indicated by signs or markings; 9. Within twenty (20) feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five (75) feet of the entrance when properly posted; 10. Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic; 11. Upon any bridge or other elevated structure upon a highway or street; 8

12 12. At any place where official signs prohibit standing or stopping; 13. On the roadway side of any vehicle stopped or parked at the edge or curb of a street. Section Parking Adiacent to Schools: it is suggested to revise this Section to clarify that provision applies only when a sign does not indicate a time restriction PARKING ADJACENT TO SCHOOLS. When signs are erected indicating no parking on that side of the street AND WITH NO INDICATED TIME RESTRICTIONS adjacent to any school property, no person shall park a vehicle in any such designated place from one (1) hour before school opens until one (1) hour after school closes on any school day. Section Limited-Time Parking: it is suggested to revise this Section to replace City Manager with Operations Director or designee for consistency purposes LIMITED-TIME PARKING. A The OPERATIONS DIRECTOR OR DESIGNEE City Manager may designate parking areas to have limited-time parking. This may be done by posted signs or painted curbs in the color of green. If painted curbs alone are used, appropriate lettering will also be placed on the curb indicating the time restriction. 1A. It is unlawful to park a vehicle in a restricted time zone for a period longer than is posted or indicated. 2B. Upon movement of a vehicle from a parking place in a limited time parking area, that vehicle shall be moved at least forty (40) feet. 3G. The maximum fine for violation of a portion of this section shall be established pursuant to the provisions of Chapter Section Curb Markings and Signs Restricting Parking: it is suggested to revise this Section to replace City Manager with Operations Director or designee for consistency purposes and to remove "handicap" reference CURB MARKINGS AND SIGNS RESTRICTING PARKING. 9

13 A. The OPERATIONS DIRECTOR OR DESIGNEE City Manager may erect signs or designate certain areas as restricted parking. Signs or painted curb areas may be used to notify drivers that parking is prohibited or restricted parking is in effect. No parking restrictions shall become effective until such signs have been erected or the curbs have been painted. It is unlawful for any person to stop or stand a vehicle in disobedience to the parking restrictions. B. Curb markings restricting parking or limiting parking time will be in accordance with the Uniform Traffic Control Manual. Parking is restricted as indicated: 1. Red curb: No parking, standing, or stopping at any time. 2. Yellow curb: Loading or unloading of cargo or material only. 3. Green curb: Limited time parking only as indicated. 4. Blue curb: Handicap DISABLED PERSON parking only with valid placard or license plate. Section Disabled Person Parking Space Designation: it is suggested to revise this Section to remove "handicapped" reference DISABLED PERSON PARKING SPACE DESIGNATION. Physically handicapped or D4isabled PERSON parking spaces may be designated within the City or any area designated parking-in-common by deed or zoning restrictions. Section Disabled Person Parking - Use: it is suggested to revise this Section to bring in line with corresponding state statute DISABLED PERSON PARKING USE. A. EXCEPT AS PROVIDED IN SUBSECTION B, A PERSON SHALL NOT STOP, STAND, OR PARK A MOTOR VEHICLE WITHIN ANY SPECIALLY DESIGNATED AND MARKED PARKING SPACE UNLESS THE MOTOR VEHICLE IS TRANSPORTING A PERSON WHO HAS BEEN ISSUED A VALID PLACARD OR INTERNATIONAL SYMBOL OF ACCESS SPECIAL PLATES AND EITHER: 10

14 1. THE MOTOR VEHICLE DISPLAYS THE VALID PERMANENTLY DISABLED OR TEMPORARILY DISABLED REMOVABLE WINDSHIELD PLACARD. 2. THE MOTOR VEHICLE DISPLAYS INTERNATIONAL SYMBOL OF ACCESS SPECIAL PLATES THAT ARE CURRENTLY REGISTERED TO THE VEHICLE. B. A PERSON WHO IS CHAUFFEURING A PERSON WITH A PHYSICAL DISABILITY WITHOUT A PLACARD OR INTERNATIONAL SYMBOL OF ACCESS SPECIAL PLATES MAY PARK MOMENTARILY IN A PARKING SPACE PROVIDED PURSUANT TO THIS ARTICLE FOR THE PURPOSE OF LOADING OR UNLOADING THE PERSON WITH A PHYSICAL DISABILITY, AND A COMPLAINT SHALL NOT BE ISSUED TO THE DRIVER FOR THE MOMENTARY PARKING. C. It is unlawful for a vehicle to park in a handicapped/physically disabled ys a distinctive placard or license plate issued by. Any vehicle parked in a handicapped/physically disabled parking space VIOLATION OF THIS SECTION shall be subject to a fine established pursuant to the provisions of Chapter 3.20 and may be towed from the parking space at the registered owner's expense by the Police Department. Chapter Display of Vehicles for Sale - Section Retail Sale Lots Exempted: it is suggested to revise this Section to add "Department" after "Administrative Services" reference RETAIL SALE LOTS EXEMPTED. This article shall not apply to any person who causes or permits the parking of a motor vehicle or similar vehicle owned by him or her upon improved property appropriately zoned for parking facilities/vehicle storage and/or display of vehicles. Person must also be registered with the Administrative Services DEPARTMENT pursuant to Chapter 5.04 of this Code for the purpose of carrying on the business of the retail sale of such vehicles. Section Authority to Erect Signs and Expand Enforcement: it is suggested to revise this Section to replace reference to Public Works Director AUTHORITY TO ERECT SIGNS AND EXPAND ENFORCEMENT. A. The City Manager is authorized to expand the area to which this section applies based on hazardous and/or unlawful conditions, including, but not limited 11

15 to: double parking of vehicles, parking on a corner blocking sight distance, blocking of lake/mountain views of adjoining residential development, slowing of traffic, unnecessary congestion, erratic/conflicting vehicle moments, and preservation of the appearance and character of a neighborhood as associated with the parking of vehicles for sale. B. The OPERATIONS DIRECTOR OR DESIGNEE Public Works Director shall be authorized to place and maintain traffic control devices, signs, and signals as required under the traffic regulations of the City to make effective the provisions of this section and may place additional traffic control measures as he may deem necessary to regulate, guide, or warn the public. Chapter Off-Road Motorized Vehicles no suggested changes. 12