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006-17 - Ordinance - POMC New Chapter 10.40 Pedestrian Crossing GuidelinesORDINANCE NO. 006-17 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING THE PORT ORCHARD MUNICIPAL CODE BY CREATING NEW CHAPTER 10.40 OF THE PORT ORCHARD MUNICIPAL CODE ENTITLED "PEDESTRIAN CROSSING GUIDELINES" TO THE SAME EFFECT; PROVIDING FOR SEVERABILITY AND CORRECTIONS; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in 2014, several citizen requests for the "marking" or legal installation of mid- block crosswalks were made, thereby prompting the need for the City of Port Orchard ("City") to establish a policy and guidelines associated with pedestrian crossings; and WHEREAS, in 2016, as recommended by the Association of Washington Cities (AWC) and in compliance with the RCW 46.61.235, the City entered into a professional services agreement with Fehr & Peers for the preparation of Pedestrian Crossing Guidelines ("Guidelines"); and WHEREAS, the purpose and scope of the Guidelines is to guide staff in determining where and how to approve an uncontrolled crosswalk on public streets within the City and to identify a range of enhanced treatments that may be appropriate; and WHEREAS, the City desires to adopt Pedestrian Crossing Guidelines that are consistent with RCW 46.61.235, the Manual on Uniform Traffic Control Devices (MUTCD, FHWA, 2009) and the Washington State Department of Transportation (WSDOT) Design Manual; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Findings. The City Council adopts all of the "Whereas" sections of this Ordinance as findings in support of this Ordinance. SECTION 2. The Port Orchard Municipal Code is hereby amended by the addition of Chapter 10.40 "Pedestrian Crossing Guidelines", which shall read as follows: Sections: 10.40.010 10.40.020 10.40.030 Chapter 10.40 PEDESTRIAN CROSSING GUIDELINES Purpose; Goals. Definitions. Exemptions. 10.40.040 Adoption. 10.40.010 Purpose; Goals. Ordinance No. 006-17 Page 2 of 4 (1) Purpose. The purpose of this chapter is to establish the city's Pedestrian Crossing Guidelines, guide staff in determining where and how to approve an uncontrolled crosswalk on public streets within the City and to identify a range of enhanced treatments that may be appropriate. (2) Goals. The goals of the city's Pedestrian Crossing Guideline are to: (a) encourage healthy, active living; (b) improve the safety and quality of life of residents in the city by providing safe, convenient, and comfortable routes for walking and bicycling; (c) provide city staff the tools and references necessary to determine where and how to mark a crosswalk at an appropriate location and to then identify a range of enhanced treatments that may be appropriate, depending on the characteristics of the site; and (d) provide staff with a guide to consistently and transparently determine an appropriate crossing treatment, if any. 10.40.020 Definitions. For the purposes of this chapter, the following words shall be defined as follows: (1) "Bicycle" means every device propelled solely by human power upon which a person or persons may ride, having two tandem wheels, either of which is sixteen inches or more in diameter, or three wheels, any one of which is more than twenty inches in diameter. (2) "Controlled Crosswalk" means a legal crosswalk across a roadway approach controlled by a stop sign or traffic signal. (3) "Crosswalk" means the portion of the roadway between the intersection area and a prolongation or connection of the farthest sidewalk line, or in the event there are no sidewalks, then between the intersection area and a line 10- feet therefrom, except as modified by a marked crosswalk. Ordinance No. 006-17 Page 3 of 4 (4) "Marked Crosswalk" means any portion of a roadway distinctly indicated for pedestrian crossing by lines or other markings on the surface thereof. (5) "Pedestrian" means any person who is afoot or is using a wheelchair, a power wheelchair, or a means of conveyance propelled by human power other than a bicycle. (6) "Uncontrolled Crosswalk" means a legal crosswalk across a roadway approach NOT controlled by a stop sign or traffic signal. (7) "Unmarked Crosswalk" means any portion of a roadway NOT distinctly indicated for pedestrian crossing by lines or other markings on the surface thereof. (8) "Wheelchair" means any vehicle specially manufactured or designed for the transportation of a physically or medically impaired wheel-chair bound person. The vehicle may be a separate vehicle used in lieu of a wheel-chair or a separate vehicle used for transporting the impaired person while occupying a wheelchair. The vehicle shall be equipped with a propulsion device capable of propelling the vehicle within a speed range established by the state patrol. The state patrol may approve and define as a wheelchair conveyance a vehicle that fails to meet these specific criteria but is essentially similar in performance and application to vehicles that do not meet these specific criteria. 10.40.030 Exemptions (1) The Pedestrian Crossing Guidelines are not required to be implemented for the following: (a) Where their establishment would be contrary to public health and safety; and (b) Where non-motorized use is prohibited, such as interstate freeways. 10.40.040 Adoption. (1) The Port Orchard City Council does hereby adopt the current Pedestrian Crossing Guidelines, to be used as a guide for staff in determining where and how to approve an uncontrolled crosswalk on public streets within the City and to identify a range of enhanced treatments that may be appropriate. Ordinance No. 006-17 Page 4 of 4 SECTION 3. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. SECTION 4. Corrections. Upon the approval of the city attorney, the city clerk and/or code publisher is authorized to make any necessary technical corrections to this ordinance, including but not limited to the correction of scrivener's/clerical errors, references, ordinance numbering, section/subsection numbers, and any reference thereto. SECTION 5. Publication. This Ordinance shall be published by an approved summary consisting of the title. SECTION 6. Effective Date. This Ordinance shall take effect and be in full force and effect five days after publication, as provided by law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 24th day of January, 2017. ATTEST: ~~,City Clerk APPROVED AS TO FORM: ~.C-tz: roncateSJCity Attorney PUBLISHED: EFFECTIVE DATE: February 3, 2017 February 8, 2017 Scott Diener, Councilmember NOTICE OF CITY OF PORT ORCHARD ORDINANCE The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council meeting held January 24, 2017. ORDINANCE NO. 006-17 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING THE PORT ORCHARD MUNICIPAL CODE BY CREATING NEW CHAPTER 10.40 OF THE PORT ORCHARD MUNICIPAL CODE ENTITLED "PEDESTRIAN CROSSING GUIDELINES" TO THE SAME EFFECT; PROVIDING FOR SEVERABILITY AND CORRECTIONS; AND ESTABLISHING AN EFFECTIVE DATE. Copies of Ordinance No. 006-17 are available for review at the office of the City Clerk of the City of Port Orchard. Upon written request a statement of the full text of the Ordinance will be mailed to any interested person without charge. Thirty days after publication, copies of Ordinance No. 006-17 will be provided at a nominal charge. City of Port Orchard Brandy Rinearson City Clerk Published: Friday, February 3, 2017