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HomeMy WebLinkAboutItem 10 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 AGENDA ITEM SUMMARY Meeting Date: 3/7/2016 Meeting Type: Regular Meeting Staff Contact/Dept.: Chief Tim Doney Staff Phone No: 541-726-3729 Estimated Time: 15 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: Conduct a public hearing and first reading on the following ordinance: 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 (FIRST READING) 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. Draft Vehicle and Traffic Ordinance Section 6.112 DISCUSSION/ FINANCIAL IMPACT: The proposed amendment would prohibit motor vehicles from stopping in the roadway for the purpose of transferring property to pedestrians. This is a revised proposal from the Work Session held on 02-16-2016, and does NOT include penalties for pedestrians from the first draft. Staff recommends the City Council schedule the ordinance for second reading and adoption at a future meeting. 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: 6.112 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: 6.112 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 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. (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. Attachment 1, Page 1 of 2 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 Attachment 1, Page 2 of 2