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HomeMy WebLinkAboutOrdinance 5625 ORDINANCE NO. 5625 AN ORDINANCE TO REPEAL § 71.052 "U" TURNS AND TO ENACT A NEW § 71.052 "U" TURNS INTO THE FAYETTEVILLE CODE TO PERMIT "U"TURNS ON STREETS WITH MEDIANS WHEREAS, streets with medians including the newly enlarged Highway 265 north of Mission have been designed to safely allow "U" turns at median breaks for easier access to property on back sides of the street; and WHEREAS, the current restriction on permitted "U" turns within the Fayetteville Code needs to be amended to allow"U"turns at these median breaks. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby repeals § 71.052 "U" Turns in its entirety and enacts a replacement § 71.052 "U" Turns as shown below: "71.052 "U" Turns (a) Sufficient visibility required by State law. No vehicle shall be turned so as to proceed in the opposite direction (a"U" turn) where the vehicle cannot be seen by the driver of any other vehicle approaching from either direction within five hundred feet. (b) Streets without median access control. No vehicle shall be turned in the opposite direction on a street without median access control except at a non-signalized intersection. (c) Streets with median access control. "U" turns are permitted on streets with median access control at all constructed breaks in the median unless signage is displayed prohibiting such"U"turns." Page 2 Ordinance No. 5625 PASSED and APPROVED this 15th day of October, 2013. APPROVED: ATTEST: By: s4vw�� O ELD ,Mayor SONDRA E. SMITH, City Clerk/Treasurer Y0",.&S ovo FAYETTEVILLE0., _ o= s�cS' °��(f'i N�� n•J e� ®®s°°'�e/V�g City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 10/15/2013 City Council Meeting Date Agenda Items Only Cid Chris Brown Engineering Development Services Submitted By Division Department Action Required: Ordinance Revision to Allow U Turns on Streets with Medians Cost of this request Category/Project Budget Program Category/Project Name Account Number Funds Used to Date Program/Project Category Name Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached ` (Yx pi 1��,'Za(1, Previous Ordinance or Resolution# Department Di ctor Date QOriginal Contract Date: ` Z'l 13 Original Contract Number: City Attorney Date Finance and Internal Services Director Date Received in City ��?- ' '' r V Clerk's Office &)NJ 14-- f Chief of S Date � Received in ©� Mayor's Office < M or Dafe Comments: Revised January 15, 2009 • THE CITY OF FAYETTEVILLE,ARKANSAS ENGINEERING DIVISION a e evl e 125 West Mountain Fayetteville,AR 72701 Phone (479)444-3443 ARKANSAS www.accessfayetteville.org CITY COUNCIL MEMO MEETING DATE: OCTOBER 15,2013 TO: City Council CC: Mayor Jordan Don Marr, Chief of Staff Jeremy Pate, Development Services Director FROM: Chris Brown,City Engineer DATE: September 26,2013 SUBJECT: Ordinance Revision to Allow U-Turns City Code Chapter 71.052 addresses u-turns in the City, and prohibits them at signalized intersections. This prohibition affects the soon to be completed section of Highway 265, in that the design and concept of the Highway 265 project is to utilize medians to limit left turns, and restrict them to median break locations, several of which are located at signalized intersections on the project. The access management plan and agreement that the City has with the Arkansas State Highway and Transportation Department references u-turns, and the street is designed to accommodate u-turns by providing widened areas at each median break and intersection. If u-turns are not allowed, the street system will not function as efficiently, and problems with cars turning around on side streets at private driveways, or cutting through neighborhood side streets will likely be seen. Future streets, namely Garland Avenue and Rupple Road, are planned to be constructed with medians, which may create a situation similar to the one Highway 265. Therefore, staff recommends that the Ordinance be changed to allow u-turns on streets with medians. The Transportation Committee reviewed the proposed changes, and recommended that the existing Ordinance language remain, with the additional provision to allow u-turns on streets with medians unless prohibited by the use of"no u-turn" signage. The original and proposed ordinance language is attached. Telecommunications Device for the Deaf TDD(479)521-1316 113 West Mountain-Fayetteville,AR 72701 ORIGINAL LANGUAGE: 71.052 "U" Turns No vehicle shall be turned so as to proceed in the opposite direction on any street, except at an intersection, and such tum shall be made then only if traffic is not controlled at such intersection by a traffic control signal. (Code 1965,.19-79;Ord.No. 1447,6-7-65;Code 1991, §71.052) Cross reference(s)--Penalty,.71.999. State law reference(s)--Turning on curve or crest of grade prohibited,A.C.A..27-51-402. PROPOSEDLANGUAGE: 71.052 "U" Turns No vehicle shall be turned so as to proceed in the opposite direction on any street, except at an intersection, and such tum shall be made then only if traffic is not controlled at such intersection by a traffic control signal, except on streets with median access control, on which such turns shall be allowed at all breaks in the median unless signage is displayed prohibiting such turns. (Code 1965,.19-79;Ord.No. 1447,6-7-65;Code 1991, §71.052) Cross reference(s)--Penalty,.71.999. State law references)--Turning on curve or crest of grade prohibited,A.C.A..27-51-402. � • �a C 01 T 1 C Departmental Correspondence 17 I I- ARKANSAS e • DEPARTMENT Kit Williams City Attorney Jason B.Kelley Assistant City Attorney TO: Mayor Jordan City Council CC: Don Marr, Chief of Staff Jeremy Pate, Development Services Director Chris Brown, City Engineer FROM: Kit Williams, City Attorney DATE: September 27, 2013 RE: "U" Turns I inserted the state statutory law restriction for any "U" Turn within the "U" turn code section so that all the rules about "U" turns would be in a single location. I also broke Engineering's proposed language into two sections to avoid a long sentence with two consecutive "except" clauses in an attempt to make our regulation more clear and simple. I believe my proposed wording accomplishes the change to allow "U" turns on Highway 265 as proposed by Engineering in order to help drivers more easily and quickly access properties on both sides of Highway 265. ORDINANCE NO. AN ORDINANCE TO REPEAL § 71.052 "U" TURNS AND TO ENACT A NEW § 71.052 "U" TURNS INTO THE FAYETTEVILLE CODE TO PERMIT "U"TURNS ON STREETS WITH MEDIANS WHEREAS, streets with medians including the newly enlarged Highway 265 north of Mission have been designed to safely allow "U" turns at median breaks for easier access to property on back sides of the street; and WHEREAS, the current restriction on permitted "U" turns within the Fayetteville Code needs to be amended to allow"U"turns at these median breaks. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby repeals § 71.052 "U" Turns in its entirety and enacts a replacement § 71.052 "U" Turns as shown below: "71.052 "U" Turns (a) Sufficient visibility required by State law. No vehicle shall be turned so as to proceed in the opposite direction (a "U" turn) where the vehicle cannot be seen by the driver of any other vehicle approaching from either direction within five hundred feet. (b) Streets without median access control. No vehicle shall be turned in the opposite direction on a street without median access control except at a non-signalized intersection. (c) Streets with median access control. "U" turns are permitted on streets with median access control at all constructed breaks in the median unless signage is displayed prohibiting such"U"turns." Page 2 Ordinance No. PASSED and APPROVED this 15t`day of October, 2013. APPROVED: ATTEST: By: By: LIONELD JORDAN,Mayor SONDRA E. SMITH, City Clerk/Treasurer is-j (Code 1965, §19-78; Ord. No. 1447, 6-7-65; Code 1991, (2) Right turn. Hand and arm extended upward. §71.051) Cross reference(s)--Penalty,§71.999. (3) Stop or decrease of speed. Hand and arm extended downward. State law reference(s)-Turning at intersections,A.C.A. §27-51- (Code 1965, §19-81; Ord. No. 1447, 6-7-65; Code 1991, §71.053) 71.052 "U" Turns Cross reference(s)--Penalty,§71.999. No vehicle shall be turned so as to proceed in the opposite direction on any street, except at an State law reference(s)--Signals for turning,stopping,or intersection, and such turn shall be made then only if decreasing speed required, A.C.A.§27-51-403;Signals to stop traffic is not controlled at such intersection by a traffic or sign,A.C.A.§27-51-404;Hand and arm signals,A.C.A.§27- control signal. 51-405. (Code 1965, §19-79; Ord. No. 1447, 6-7-65; Code 1991, 71.054-71.064 Reserved §71.052) Cross references)--Penalty,§71.999. ARTICLE IV SPEED REGULATIONS State law reference(s)--Turning on curve or crest of grade prohibited,A.C.A.§27-51-402. 71.065 General Speed Restrictions y71.053 Turning And Stopping Signals (A) No person shall drive a vehicle on any street or highway in the city at a speed greater than is (A) No person shall turn a vehicle from a direct course reasonable and prudent under the conditions then upon a street or highway without giving an existing. appropriate signal, in the event any other vehicle may be affected by such movement. A signal of (B) Where no special hazard exists, the following intention to turn right or left shall be given speeds shall be lawful, but any speed in excess of continuously during not less than the last 100 feet such limits shall be prima facie evidence that the traveled by the vehicle before turning. speed is not reasonable or prudent and that it is unlawful: (B) No person shall stop or suddenly decrease the speed of a vehicle without first giving an (1) Twenty miles per hour in any business district. appropriate signal in the manner provided in this chapter to the driver.of any vehicle immediately to (2) Twenty-five miles per hour in any residential the rear, when there is opportunity to give such district. signal. (C) The fact that the speed of the vehicle is lower than (C) Any stop or turn signal, when required, shall be the foregoing prima facie limits shall not relieve the given either by means of the hand and arm or by driver from the duty to decrease speed when signal lamps; provided that, any motor vehicle in approaching and crossing an intersection, when use on a street or highway shall be equipped with, traveling upon any narrow or winding roadway, or and the required signal shall be given by, signal when a special hazard exists with respect to lamps,when the distance from the center of the top pedestrians or other traffic or by reason of weather of the steering post to the left outside limit of the or street conditions,and speed shall be decreased body,cab or load of such motor vehicle exceeds 24 as may be necessary to avoid colliding with any inches,or when the distance from the center of the person,vehicle or other conveyance on or entering top of the steering post to the rear limit of the body the street in compliance with legal requirements or load thereof exceeds 14 feet. The latter and the duty of all persons to show due care. measurement shall apply to any single vehicle and to any combination of vehicles. (Code 1965, §19-68; Ord. No. 1447, 6-7-65; Code 1991, §71.065) (D) All signals required by this section given by hand and arm shall be given from the left side of the Cross reference(s)--Penalty,§71.999. vehicle in the following manner and such signals State law reference(s)--Limitations generally;A.C.A.§27- shall indicate as follows: 51-201; Local authorities may alter prima facie speed limits, A.C.A.§27-51-206. (1) Lefttum. Hand and arm extended horizontally. CD71:10 a rr d< ff�, M r�rA yW � HA i RAW i 27-51-402 TRANSPORTATION 116 117 27-51-402. Turning on curve or crest of grade prohibited. Kisor v.Tu 10 (W.D.A No vehicle shall be turned so as to proceed in the opposite direction It is the upon any curve or upon the approach to or near the crest of a grade or by the where the vehicle cannot be seen by the driver of any other vehicle know,that approaching from either direction within five hundred feet (500'). a warn t approprial tion to sto History. Acts 1937, No. 300, § 65; ping of a Pope's Dig., § 6723; A.S.A. 1947, § 75- driver of 1 616. unexplain, Sorenson, 27-51-403. Signals for turning, stopping, changing lanes, or 1954). decreasing speed required. A violat person shall turn a vehicle from a direct course upon a section is (a) No p v. Raymor highway unless and until the movement'can be made with reasonable 1959). safety and then only after giving a clearly audible signal by sounding violatio, the horn if any pedestrian may be affected by the movement or after of neglig( giving an appropriate signal in the manner provided in subsection(b)of Downs v, i this section in the event any other vehicle may be affected by the 657 (1969. movement. Instructs, (b) A signal of intention to change lanes or to turn right or left shall In an ac be given continuous) during not less than the last one hundred feet collision o g1 y g deceased (100') traveled by the vehicle before changing lanes or turning. which me (c) No person shall stop or suddenly decrease the speed of a vehicle without w without first giving an appropriate signal in the manner provided in mobile we this subchapter to the driver of any vehicle immediately to the rear the driver when there is opportunity to give such signal. turn aos,lc giveg other vehi History. Acts 1937, No. 300, § 67; punctuation change in the section head- was not e Pope's Dig., § 6725; A.S.A. 1947, § 75- ing; and in (b), inserted "change lanes or dants ins" 618;Acts 2007, No. 364, § 1. to" preceding"turn" and inserted "chang- Southwesl Amendments. The 2007 amendment ing lanes or"preceding"turning." Ark. 1085. added"changing lanes"and made a minor under pric There is CASE NOTES tion embc sections cc ANALYSIS signal, is guilty of contributory negli- and chang Bence. Jones v. King, 211 Ark. 1084, 204 nals in do Contributory Negligence. S.W.2d 548 (1947). that instri Evidence of Negligence. traveling i Evidence of Negligence. front has Instructions. It is the duty of one driving a car,where the highw Jury Questions. there is another car following close behind to enter Ordinary Care. him, to warn the approaching car of his ways. Wa Recovery Precluded. intention to stop,and the sudden stopping y Sufficiency of Evidence. p pp g 434 S.W.2 without any notice to the driver of the car Where i Contributory Negligence. immediately behind is, if unexplained, ceased pr( The law of the road is that the automo- negligence. Missouri Pac. Transp. Co. v. important bile in front has the superior right to the Sacker, 200 Ark. 92, 138 S.W.2d 371 dants'neg use of the highway for the purpose of (1940). rule in m; leaving it on either side, and a driver in A violation of this section, while not be improl the rear who fails to observe such rule, conclusive of the issue,may be evidence of have beer although driver in front failed to give negligence on the part of the violator. peated th f! <;j NORTHWEST ARKANSAS DEMOCRAT-GAZETTE NORTHWESTAR�SAS THE MORNING NEWS OFSPRINGDALE THE MORNING NEWS OF ROGERS S_P_"_ ER:S LLC NORTHWEST ARKANSAS TIMES RECEIVED BENTON COUNTY DAILY RECORD o c r 29 2013 212 NORTH EAST AVENUE,FAYETTEVILLE,ARKANSAS 72701 1 P.O.BOX 1607,72702 1 479.442.1700 1 WWW.NWANEWS.COM CITY OF FAYETTI:yiLLE CITY CLERK'S OFFICE AFFIDAVIT OF PUBLICATION I, Holly Andrews, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Newspapers, LLC,printed and published in Washington and Benton County, Arkansas, bona fide circulation, that from my own personal knowledge and reference to the files of said publication,the advertisement of: ORDINANCE 40'.'5625< City of Fayetteville- AN;ORDINANCE TO:`,.REPEAL § 71.052 ,U"; TURNS AND TO ENACT,:A NEW,§ 71:052; PPP, Ordinance 5625 U:'TURNS INTO THE'FAYEITEVILLE CODE` a TO PERMIT .,U";TURNS:ON:$TREETS WITH: :ARKANsns '= MEDIANS WHEREAS, streets with`medians.including " Was inserted In the Regular Editions on: theltewly enI0rggq Highway z85poith of Mission have been designgtl,to safely_ October 24 2013 allow"U"turns at median breaks for easier access to property on back sides of. the street;and WHEREAS,,the current r,'estriction.'o>ii permitted`. U,turns;Whin tlj Fayetteville. Code needs to tie amended to allow,;U turns at theseFmedian breaks NOW;'THEREFORE`BE'IT'ORDAINED BY THE`CITY COUNCIL OF THE CITY' OF FAYET,EVILEARKANSAS CityCoPUbllcatl0n Charges: 90.79 ncil of he City of Fayetteville,Arkansas hereby repeals Turns in its entirety and enacts a'replacement§71.052"U"Turns' as shown below.: t > 71.& "U'Tunis (a)Suffiaent vlslbN I nagwred by State law No`vehicle shall be turned so as to proceed rn the Apposite dleection(a.fU turn)where the"vehible cannot be seen �f < by tha drJver of,any othervehicle�approachmg from either direction within fiv,Q_ hundred feet (b)Streets without me"dlan access control.Novehicie'shall batumed"in the oppo- Holly�AndreWS site tlirachon on astreet rothout median access,controexcep i t at a non signalized y intersetion. (c)Streetst with median'access control U"turns are"permitted-ori"streets.w£h"` median access control at all constructetl breaks,in;the median unless signage,is, displayed prohi6itmg such"'U turns " '0%S ED and ARP7i0YED This 15th tlay of October 2013 Subscribed and sworn to before me APPROVED: a TESTe This Zr'j day of 0 2013. By. , � CIONELD.tORD�,N'JvlayorSONDIi`A E SMIfH;'City Gierkli'reasurer Notary Public My Commission Expires: **NOTE* Please do not pay from Affidavit. Invoice will be sent.