HomeMy WebLinkAboutItem 01 An Ordinance Amending Chapter 6, Vehicles and Traffic, Adding Section 6.112 to the Springfield Municipal Code, Unlawful Transer on Vehicular Portion of the Right-of-Way AGENDA ITEM SUMMARY Meeting Date: 2/16/2016
Meeting Type: Work Session
Staff Contact/Dept.: Chief Tim Doney Staff Phone No: 726-3729
Estimated Time: 20 Minutes
S P R I N G F I E L D C I T Y C O U N C I L Council Goals: Strengthen Public Safety by Leveraging
Partnerships and Resources
ITEM TITLE: AN ORDINANCE AMENDING CHAPTER 6, VEHICLES AND TRAFFIC, ADDING SECTION 6.112 TO THE SPRINGFIELD MUNICIPAL CODE,
UNLAWFUL TRANSFER ON VEHICULAR PORTION OF THE RIGHT-OF-
WAY
ACTION
REQUESTED:
Discuss and provide direction to staff regarding the potential creation of an
ordinance prohibiting the transfer of property from the driver or passenger of a vehicle upon a highway, road or street to a pedestrian; or while a pedestrian, accepting or receiving any item of property from a driver or passenger in a vehicle.
ISSUE STATEMENT:
Shall the City develop and implement an Ordinance prohibiting the transfer of
money or other property between pedestrians and drivers or passengers in vehicles
upon the public roadway?
ATTACHMENTS: 1. Council Briefing Memorandum
2. Draft Ordinance creating and adding Section 6.112 to the Springfield Municipal Code
DISCUSSION/
FINANCIAL IMPACT:
The proposed amendment would prohibit motor vehicles from stopping in the
roadway for the purpose of transferring property to pedestrians, and would prohibit pedestrians from accepting property from drivers or passengers of vehicles unless
those vehicles are legally parked.
Staff is requesting that Council discuss the potential for such an Ordinance in
Springfield; and to provide direction to staff to continue or not continue development of such an ordinance.
M E M O R A N D U M City of Springfield
Date: 2/16/2016
To: Gino Grimaldi COUNCIL
From: Tim Doney, Chief of Police BRIEFING
Subject: AN ORDINANCE AMENDING CHAPTER 6, VEHICLES AND TRAFFIC, ADDING
SECTION 6.112 TO THE SPRINGFIELD MUNICIPAL CODE, UNLAWFUL TRANSFER
ON VEHICULAR PORTION OF THE RIGHT-
OF-WAY
MEMORANDUM
ISSUE: Shall the City develop and implement an Ordinance prohibiting the transfer of money or other property between pedestrians and drivers or passengers in vehicles upon the public roadway?
COUNCIL GOALS/
MANDATE:
Strengthen Public Safety by Leveraging Partnerships and Resources
BACKGROUND:
Council has recently expressed an interest in developing an ordinance to prohibit the transfer of
money or other property between pedestrians and drivers or passengers in vehicles on the public roadway.
Panhandling is a protected activity under the First Amendment; however, this activity can cause dangerous traffic situations when it occurs in the roadway especially at busy intersections.
Several other jurisdictions in Oregon, including Cottage Grove, Roseburg, Medford, and Coos Bay have recently enacted ordinances aimed at moving panhandling activity out of the roadways. Drivers who are otherwise well-intentioned frequently cause safety hazards and
delays when they stop in the middle of a roadway or in a designated turn lane to respond to panhandling requests. Nothing in the proposed ordinance would prohibit this activity as long as
the vehicle is legally parked. Further, the act of panhandling is not prohibited. The violation
only occurs upon the actual act of transferring property.
Staff have received several phone calls from our citizens regarding the safety of property
transfers between pedestrians and vehicles in the roadway.
A draft ordinance has been included in this Council Packet for your consideration and discussion.
RECOMMENDED ACTION: Staff is requesting that Council discuss the potential for an Unlawful Transfer Ordinance in Springfield and provide direction to staff to continue or not
continue development of such and ordinance.
ORDINANCE NO. _____ (General)
AN ORDINANCE AMENDING CHAPTER 6, VEHICLES AND TRAFFIC, ADDING
SECTION 6.112 TO THE SPRINGFIELD MUNICIPAL CODE, UNLAWFUL
TRANSFER ON VEHICULAR PORTION OF THE RIGHT-OF-WAY
The City Council of the City of Springfield finds as follows:
WHEREAS, conducting transactions in the street from or within a right-of-way creates
safety risks for pedestrians and motorists;
WHEREAS, it is in the public interest that public streets and roadways operate safely;
and
WHEREAS, it is in the public interest for the City of Springfield to add Section 6.112,
Unlawful Transfer on Vehicular Portion of the Right-of-Way, to the Springfield Municipal
Code.
NOW THEREFORE, based upon the foregoing findings, the City Council of the City of
Springfield ordains as follows:
Section 1. The following section shall be added to Chapter 6, Vehicles and Traffic, index
page:
A6.112 Unlawful Transfer on Vehicular Portion of the Right-of-Way.@
Section 2. The following language shall be added as Section 6.112, Unlawful Transfer
on Vehicular Portion of the Right-of-Way:
A6.112 Unlawful Transfer on Vehicular Portion of the Right-of-Way.
(1) A person commits the offense of unlawful transfer on a vehicular portion
of the right-of-way if the person:
(a) While a driver or passenger in a vehicle on a highway, road or
street within the boundaries of the city of Springfield, gives or relinquishes
possession or control of, or allows another person in the vehicle to give or
relinquish possession or control of any item of property to a pedestrian; or
(b) While a pedestrian, accepts, receives or retains possession or
control of any item of property from a driver or passenger in a vehicle on a
highway, road or street within the boundaries of the city of Springfield.
ORDINANCE Page -1-
(2) This section does not apply if the vehicle is legally parked. This section
also does not apply to persons participating in a “Pedestrian Activity,” as defined
in OAR 734 Division 58, for which a permit has been issued by the Oregon
Department of Transportation, so long as all terms of such permit are being met.
(3) An offense of this section is punishable as a violation and may include a
fine of $50.00.
Section 3. Severability. If any phrase, clause, or other part or parts of this Article is
found to be invalid by a court of competent jurisdiction, the remaining phrases, clauses
and other part or parts shall remain in full force and effect.
Adopted by the City Council of the City of Springfield this ____ day of ______________,
2016 by a vote of _____ in favor _____ against.
Approved by the Mayor of the City of Springfield this ____ day of _______________,
2016.
___________________________________
Christine Lundberg, Mayor
ATTEST:
_____________________________
Amy Sowa, City Recorder
N:\City\ORDINANC\2015\Vehicle and Traffic Ordinance Section 6.112.doc
ORDINANCE Page -2-