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Home My WebLink About09101 ORDINANCE NO. 9101 AN ORDINANCE CREATING NEW TITLE XV, CHAPTER 1, SECTION 12 OF THE PUEBLO MUNICIPAL CODE RELATING TO PEDESTRIAN USE OF NARROW OR DOMED MEDIANS ON HIGHER VOLUME AND HIGHER SPEED ROADWAYS, AND PROVIDING PENALTIES FOR VIOLATION THEREOF WHEREAS, City Council is committed to protecting the health, safety and welfare of pedestrians and drivers in the City, and ensuring the free flow of traffic within the City; and WHEREAS, the primary purpose of roadway medians is to enhance the safety of and free flow of traffic on roadways by separating opposing lanes of vehicular traffic, channeling traffic for turning purposes, calming traffic, and in some cases, providing a temporary refuge for pedestrians crossing busy and/or wide roadways; and WHEREAS, certain medians within the City are not designed or suitable for pedestrian use because of their narrowness or contours; and WHEREAS, persons are occupying medians within the City that are not designed or suitable for pedestrian use; and WHEREAS, use of such medians on higher volume and higher speed roadways poses a safety hazard to the user and passing motor vehicles and can inhibit the free flow of traffic; and WHEREAS, City Council finds it is in the best interests of the public health, safety, and welfare to adopt this new section of the Municipal Code, in order to restrict pedestrian use of narrow or domed medians located on higher volume and higher speed roadways within the City. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicating matter being added) SECTION 1. Section 15-1-12 of Chapter 1 of Title XV of the Pueblo Municipal Code is hereby added and reads as follows: Sec. 15-1-12. Usage of Medians. (a) It shall be unlawful for any person to access, use, occupy, congregate, or assemble on or about any median that has been posted with a sign pursuant to this section prohibiting such access, use, or occupancy. (b) Determination and Signage: (1) The Traffic Engineer may prohibit pedestrian access to or use or occupancy of any median that is not designed or suitable for pedestrian use, by erecting and posting a sign on such median prohibiting such access, use, or occupancy. (2) Signage must be reasonably posted to provide notice, but is not required to be visible from every position on the median. (c) Definitions. For purposes of this section: (1) "Median that is not designed or suitable for pedestrian use" shall mean any median that is located on any higher speed and higher volume roadway within the City, and that does not possess a flat area of at least four (4) feet in width the length of the median from one median-endpoint to the opposite-median endpoint. The width is measured from face-of-curb to face-of-curb if a raised median, or edge-of-asphalt to edge-of- asphalt if a depressed median. (2) "Flat" shall mean having a cross slope of eight (8) percent or less, consistently from one median-endpoint to the opposite median-endpoint. Such surfaces must be uniform, and will not include surfaces composed of loose river stones, cobblestones, or other substances that make tripping or injury more likely. (3) "Higher speed roadway" shall mean a roadway with a speed limit of thirty-five (35) miles per hour or greater. (4) "Higher volume roadway" shall mean a roadway classified as a Freeway, Expressway, Principal Arterial, or Minor Arterial on the Pueblo Roadway Development Plan. (5) "Median" shall mean the area between two roadways of a divided street or highway, measured from the edge of the traveled way to the edge of the traveled way, including areas between traffic lanes for control of vehicular movements. Such an area may be physically defined by curbing, landscaping, or other physical obstacle to vehicle use of the area, or by traffic control markings (also known as a painted median). (d) Affirmative Defenses. It is an affirmative defense to a violation of this section if a person: (1) Is waiting to cross the roadway at the next pedestrian signal, or in the absence of a pedestrian signal, when traffic has cleared or yielded. (2) Obtained a permit or license from the City to access the median, including a special use permit for use of the street. (3) Was authorized by the City or State to access the median for maintenance, repair, or building purposes. (4) Was a local, state or federal officer engaged in the performance of their official duties. (e) A violation of this Section is strict liability in nature. No culpability or mens rea of any type or degree shall be required for a violation of this Section. (f) It shall be unlawful and a Class 2 municipal offense for any person to access, use, occupy, congregate, or assemble on or about any median that has been posted with a sign pursuant to this Section. However, a first offense under this Section will only be liable for a maximum fine of fifty dollars ($50.00). Subsequent fines and penalties for violations under this Section will be at the discretion of the Court. SECTION 2. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of the Ordinance to implement the policies and procedures described herein. SECTION 3. If any section, subsection, term, or provision of this Ordinance shall be declared by a Court of competent jurisdiction to be invalid or unenforceable, the remainder of this Ordinance shall not be affected thereby and shall be valid or enforceable to the fullest extent permitted by law. SECTION 4. This Ordinance shall become effective thirty (30) days following final passage and approval. INTRODUCED: February 13, 2017 BY: Ed Brown PASSED AND APPROVED: February 27, 2017 City Clerk’s Office Item # R-7 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: February 13, 2017 TO: President Stephan G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Earl Wilkinson, P.E., Director of Public Works Luis Velez, Police Chief SUBJECT: AN ORDINANCE CREATING NEW TITLE XV, CHAPTER 1, SECTION 12 OF THE PUEBLO MUNICIPAL CODE RELATING TO PEDESTRIAN USE OF NARROW OR DOMED MEDIANS ON HIGHER VOLUME AND HIGHER SPEED ROADWAYS, AND PROVIDING PENALTIES FOR VIOLATION THEREOF SUMMARY: Attached for consideration is a text addition to Title XV of the Pueblo Municipal Code relating to pedestrian use of narrow or domed medians on higher volume and higher speed roadways, and providing penalties for violation thereof. PREVIOUS COUNCIL ACTION: There has been no previous City Council action with regards to this Ordinance. BACKGROUND: City Council recognized the danger to public health and safety with regard to pedestrian use and occupancy of medians on certain roadways. Council’s primary concern is that individuals on medians face a much higher risk of being struck by a passing vehicle than those on typical sidewalks at the edges of a roadway. Council also expressed concern that individuals on medians could distract passing drivers and instigate crashes through their presence, purposefully or accidentally. Council requested that this ordinance be drafted to address these concerns. The proposed Ordinance reiterates that the primary purpose of a roadway median is to enhance the safety and free flow of traffic on roadways. This Ordinance restricts access to medians with widths of four (4) feet or less and a cross slope greater than eight percent (8%) on higher speed and higher volume roadways. For the purpose of this Ordinance, higher speed roadways are defined as having posted speed limits of thirty-five (35) miles per hour or greater, and higher volume roadways are defined as any roadway classified as a Freeway, Expressway, Principal Arterial, or Minor Arterial as mapped on the adopted Pueblo Roadway Development Plan. FINANCIAL IMPLICATIONS: The materials for each sign required by the ordinance will add up to about one hundred sixty dollars ($160.00). Installation of each sign will cost about one hundred dollars ($100.00). BOARD/COMMISSION RECOMMENDATION: Not applicable. STAKEHOLDER PROCESS: Not applicable. ALTERNATIVES: If City Council does not approve this Ordinance, Title XV of the Pueblo Municipal Code will not be amended to reflect the proposed changes relating to pedestrian usage of medians. RECOMMENDATION: Not applicable. Attachments: None