Ct1Saj) eake VIRGINIA Office of the City Attorney 23322 757) 382-6586 Fax( 757) 382-8749 December 6, 2017 To: Mayor West, Vice Mayor de Triquet and Members of the City Council Re: AN ORDINANCE TO AMEND SECTIONS 46-13, 66-17, AND 74-195 OF THE CHESAPEAKE CITY CODE TO RESTRICT THE ACTIVITY OF PEDESTRIANS AT CERTAIN LOCATIONS IN THE PUBLIC RIGHT OF WAY FOR SAFETY REASONS AND TO PROVIDE FOR TRAFFIC VIOLATIONS FOR FAILURE TO OBEY TRAFFIC LIGHTS. Please find enclosed an ordinance amending Section 46-13 of the City Code and adding Section 66-17 to the City Code to regulate pedestrians in the public right of way, which includes medians, turn lanes and exit ramps. The ordinance also adds Section 74-195 to the City Code to require compliance with traffic signals. The amendments to Section 46-13 will add a cross reference to existing provisions prohibiting loitering. This will ensure that loitering is restricted by Section 66-17, which will restrict pedestrian activity, other than the lawful crossing of a street and certain other exceptions, within the traffic lanes of all public roads in the City that are either 35 mph or have four( 4) or more travel lanes. The definition of" public right of way" expressly excludes sidewalks and pedestrian trails. The intent of this section is to promote the compelling governmental interest of public safety by restricting points of conflict between pedestrians and motor vehicles. The ordinance is recommended by the Chesapeake Police Department in light of the following accident data from 2015 and 2016: 65 reported accidents involving pedestrians over 2 years with 7 fatalities ( 11% overall) and 10 documented distracted drivers ( 15%). Of the fatalities, 6/ 7 ( 86%) were at locations with 4 or more lanes and 6/ 7 ( 86%) were at locations with speed limits of 35 mph or greater. Of all pedestrian accidents, 47/ 65 ( 72%) were at locations with speed limits of 35 mph or greater. Of all pedestrian accidents, 32/ 65 ( 49%) were at locations with 4 or more lanes. The adheres to the principles of equal employment opportunity, This policy extends to all programs and services supported by the City"
The amendment will not regulate expressive activities conducted on the sidewalk and other pedestrian walkways, as such activities do not carry the same potential for contact between vehicles and pedestrians. State law authorizes regulation of pedestrians in roadways based on signs, signals or direction of traffic by law enforcement officers. The violation is punishable as a traffic infraction with a fine of up to $ 100. 00 for the first and second offenses and up to $200.00 for the third and subsequent offenses. In any case, the Court may impose community service in lieu of the fine. Section 74-195 parallels Section 46. 2-833 of the Code of Virginia, as amended, which prohibits the violation of traffic light signals. A violation shall constitute a traffic infraction punishable by a fine of up to $ 350.00 or community service. This ordinance is intended to promote the compelling governmental interest of public safety by preventing obstruction of traffic at green lights. This will discourage motorists from stopping at green lights in order to conduct transactions with pedestrians. Please advise if you have any questions or concerns in this regard. 1iyy rs ccit yt L. loc- Attorney P JLP: hvm Enclosure cc: James E. Baker, City Manager Robert N. Geis, Deputy City Manager Kelvin Wright, Chief of Police 2
AN ORDINANCE TO AMEND SECTIONS 46-13, 66-17, AND 74-195 OF THE CHESAPEAKE CITY CODE TO RESTRICT THE ACTIVITY OF PEDESTRIANS AT CERTAIN LOCATIONS IN THE PUBLIC RIGHT OF WAY FOR SAFETY REASONS AND TO PROVIDE FOR TRAFFIC VIOLATIONS FOR FAILURE TO OBEY TRAFFIC LIGHTS. BE IT ORDAINED by the Council of the City of, that Sections 46-13, 66-17, and 74-195 of the City Code be amended by the addition of the following language: Section 46-13. - Loitering; obstructing free passage of others. a) Any person who in any public place, including, but not limited to, sidewalks, streets, parkways, highways, roadways, medians, curbs, parks, or on any private property open to the public unreasonably or unnecessarily obstructs the free passage of other persons or vehicles to and from or within such place or property and who shall fail or refuse to cease such obstruction or move on when requested to do so by the owner or lessee or agent or employee of such owner or lessee or by a duly authorized law enforcement officer shall be guilty of a Class 1 misdemeanor. b) Nothing in this section shall be construed to prohibit lawful picketing, soliciting, or other exercise of the right to freedom of speech. However, in the interest of public safety, any person lawfully picketing, soliciting, or otherwise exercising the right to freedom of speech on sidewalks, streets, parkways, highways, roadways, medians, curbs, parks, or on any private property open to the public shall wear reflective upper body clothing or carry a lighted flashlight between sunset and sunrise. In addition, use of public right of way is restricted as stated in the requirements of Chapter 66 of the City Code. City Attorneys Office 23322 757) 382-6586 Fax:( 757) 382-8749
Section 66-17. Restriction of pedestrians within traffic lanes at designated locations. Laj No person shall stand, sit, squat or lie in between motor vehicle traffic lanes on any public right of way, whether or not there is a raised median or other barrier between any such lanes, that is located: 1) where the public right of way has four or more traffic lanes, including when those lanes are divided by a median or other barrier; or 2) where the public right of way has a posted speed limit of 35 miles per hour or greater. b) The prohibition of subpart ( a) does not apply to: 1) Pedestrians legally crossing the street; 2) Emergency personnel and City, state, and federal employees and contractors when performing duties; 3) Supervised inmates engaged in mowing or ditch maintenance; L4) City volunteers engaged in work authorized by the Street Sweeper, Adopt a Garden, or Adopt a Spot programs; 5) Activities within the scope of a permit approved under Section 66-128 or 74-21 of the City Code; or 6) Emergency situations. c) Penalties. Violation of this section shall constitute a traffic infraction punishable by a fine not to exceed $ 100. 00 per violation. Any person convicted of a third or subsequent City Attorneys Office 23322 757) 382-6586 Fax:( 757) 382-8749 violation of this article may be punished by a fine of not more than $200.00. In lieu of a fine, the court may impose community service. 2
d) Definitions. For the purposes of this section, the following definitions shall apply: 1) Median means a physical barrier or barriers or unpaved areas that divide two or more lanes of vehicular traffic. 2) Public right ofway means property maintained by the City as a public thoroughfare for vehicular traffic or related improvements, including but not limited to, public roadways, public roadway medians, and public roadway shoulders. The term shall not include sidewalks or pedestrian trails. 3) Traffic lane means that portion of a roadway or right of way designed or designated to accommodate the forward movement of a single line of vehicles, inclusive of exit ramps or turn lanes. Section 74-195. Failure to Obey Traffic lights; penalty. La,) Signals by traffic lights shall have the meanings ascribed by Section 46. 2-833 of the Code of Virginia, as amended. Green indicates the traffic shall move in the direction of the signal and remain in motion as long as the green signal is given, except that such traffic shall yield to other vehicles and pedestrians lawfully within the intersection. No motorist shall stop at a green light, thereby causing a traffic obstruction. b) If the traffic lights controlling an intersection are not in service because of a City Attorney' s Office power failure or other event that prevents the giving of signals by the traffic lights, the drivers of vehicles approaching such an intersection shall proceed as though such intersection were controlled by a stop sign on all approaches. The provisions of this subsection shall not apply to intersections controlled by portable stop signs; intersections with law-enforcement officers 23322 3 757) 382-6586 Fax:( 757) 382-8749
or other authorized persons directing traffic; or intersections controlled by traffic lights displaying flashing red or flashing amber lights as provided in subpart ( a). The driver of any motor vehicle may be detained or arrested for a violation of this section if the detaining law- enforcement officer is in uniform, displays a badge of authority, and ( i) has observed the violation or( ii) has received a message by radio or other wireless telecommunication device from another law-enforcement officer who observed the violation. In the case of a person being detained or arrested based on a radio message, the message shall be sent immediately after the violation is observed, and the observing officer shall furnish the license number or other positive identification of the vehicle to the detaining officer. d) Violation of the provisions of this section shall constitute a traffic infraction punishable by a fine of not more than $ 350. In lieu of a fine, the court may impose community service. ADOPTED by the Council of the City of, this day of 2017. APPROVED: Mayor ATTEST: City Attorney' s Office City of Chesapeake Clerk of the Council 23322 4 757) 382-6586 Fax:( 757) 382-8749