HomeMy WebLinkAboutORDINANCE 6048;At pp4Frrt*.-
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113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6048
File Number: 2018-0139
AMEND § 74.01 APPLICATION OF REGULATIONS:
AN ORDINANCE TO AMEND § 74.01 APPLICATION OF REGULATIONS TO ADD A
DEFINITION OF ROADWAY AND TO AMEND § 74.99 PENALTY TO MAKE THE HIGHEST FINE
FOR IMPROPERLY BEING IN THE ROADWAY $25.00
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 amends the title of 74.01
from Application of Regulations to Application of Regulations and Definitions, places the existing
wording in subsection (A) and enacts a new subsection (B) as follows:
"(B) As used in this Chapter, "roadway" will mean that part of the right of way between furthest curb or
edge of the pavement on one side of the road to the furthest curb or edge of the pavement on the other side
of the road and shall include any median between lanes of travel."
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends § 74.99 Penalty of
Chapter 74: Pedestrians by enacting a new (C) as follows:
"(C) Whoever violates § 74.03, § 74.04 or § 74.05 shall be fined not more than $25.00."
PASSED and APPROVED on 3/20/2018
Attest:
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Sondra E. Smith, City Clerk Tre4tl1 j f � rill".��r
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I AYFI-TEV11.1. f ;
Page 1 Printed on 3121118
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2018-0139
Agenda Date: 3/20/2018 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: B. 2
AMEND § 74.01 APPLICATION OF REGULATIONS:
AN ORDINANCE TO AMEND § 74.01 APPLICATION OF REGULATIONS TO ADD A
DEFINITION OF ROADWAY AND TO AMEND § 74.99 PENALTY TO MAKE THE HIGHEST FINE
FOR IMPROPERLY BEING IN THE ROADWAY $25.00
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
`section I. That the City Council of the City of Fayetteville, Arkansas hereby amends the title of 74.01 from
Application of Regulations to Application of Regulations and Definitions, places the existing wording in
subsection (A) and enacts a new subsection (B) as follows:
"(B) As used in this Chapter, "roadway" will mean that part of the right of way between furthest
curb or edge of the pavement on one side of the road to the furthest curb or edge of the
pavement on the other side of the road and shall include any median between lanes of travel."
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends § 74.99 Penalty of
Chapter 74: Pedestrians by enacting a new (C) as follows:
"(C) Whoever violates § 74.03, § 74.04 or § 74.05 shall be fined not more than $25.00."
City of Fayetteville, Arkansas Page 1 Printed on 312112018
OFFICE OF THE
CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE
TO: Mayor Jordan
City Council
CC: Chief Tabor
FROM: Kit Williams, City Attorney
DATE: February 22, 2018
RE: Definition of "roadway"
Kit Williams
City Attorney
Blake Pennington
Assistant City Attorney
Rhonda Lynch
Paralegal
In order to clarify that "roadway" will be understood to mean between
the furthest curbs or edges of a road and will include any medians between
lanes of travel, I have prepared an ordinance to amend § 74.01 to become
Applications of Regulations and Definitions with a definition of
"roadway". I believe to Police and City Prosecutor need such clear definition
of roadway to better protect the safety of our citizens from endangering
themselves by standing on medians on highways and arterial streets.
FAYETTEVILLE CODE OF ORDINANCES
TITLE VII TRAFFIC CODE
CHAPTER 74: PEDESTRIANS
Sections:
74.03
74.01 Application Of Regulations
74.02 Right -Of -Way In Crosswalks; Use By Pedestrians
74.03 Duty To Yield Right -Of -Way To Vehicles At Certain Places
74.04 Standing Or Walking On A State Or Federal Highway Prohibited
74.05 Standing Or Walking Within The Roadway Of Principle Arterials Prohibited
Unless Permit Granted
74.06 Blind Pedestrians
74.07 Duty Of Drivers To Exercise Care With Regard To Pedestrians
74.08 Use Of Skates, Coasters And The Like; Clinging To Vehicles
74.09-74.98 Reserved
74.99 Penalty
r 74.01 Application Of Regulations
Pedestrians shall be subject to traffic control signals at intersections as declared in this traffic code,
but at all other places pedestrians shall be accorded the privileges and shall be subject to restrictions
stated in this chapter.
(Code 1965, §19-245; Ord. No. 1447, 6-7-65; Code 199-1, §74.01)
74.02 Right -Of -Way In Crosswalks; Use By Pedestrians
(A) Where traffic control signals are not in place or in operation, the driver of a vehicle shall yield
the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the
roadway within any marked crosswalk or within any unmarked crosswalk at an intersection,
except as otherwise provided in this chapter.
(B) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an
intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle
approaching from the rear shall not overtake and pass such stopped vehicle.
(C) Between adjacent intersections at which traffic control signals are in operation, pedestrians
shall not cross at any place except in a marked crosswalk.
(D) Pedestrians shall move, whenever practicable, upon the right half of crosswalk.
(Code 1965, §§19-246-19-248; Ord. No. 1447, 6-7-65; Code 1991, §74.02)
74.03 Duty To Yield Right -Of -Way To Vehicles At Certain Places
(A) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or
within an unmarked crosswalk at an intersection shall yield the right-of-way to vehicles upon
the roadway.
Supp. No. 4 CD74:1
NoxTHwEsr AxxANSas
DemocVAIAZ&C
AFFIDAVIT OF PUBLICATION
RECEIVED
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
I Cathy Wiles, do solemnly swear that I am the Legal Clerk of the
Northwest Arkansas Democrat -Gazette, printed and published in
Washington County and Benton County, Arkansas, and of bona fide
circulation, that from my own personal knowledge and reference
to the files of said publication, the advertisement of:
CITY OF FAYETTEVILLE
Ord. 6048
Was inserted in the Regular Edition on:
March 29, 2018
Publication Charges: $ 81.90
oa-22L-_ k 2ZL
Cathy Wiles
Subscribed and sworn to before me
This -Z day of OfA"'1 , 2018.
J�
Notary Public
My Commission Expires: -,-// z1 zg
TASIAIY RUSrER
Nctary Public—Arkansas
.NasF.mgton Ccurty
Ccmmissicn g 12703120
\1y Cbmmissicn Expires Feb 12.2028
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
Ordinancc:60,18
Pile Number: 2018-0139
AMEND § 74.01 APPLICATION 01-
REGULATIONS:
FREGULATIONS:
AN ORDINANCETO AMEND § 7.1.01
APPLICATION OF REGULATIONS TO
ADD A DEFINITION OF ROADWAY
AND TO AMEND § 74.99 PENALTY TO
MAKE TI IE HIGHEST FINE FOR
IMPROPERLY BEING IN THE
ROADWAY 525.00
BE IT ORDAINED BY TI It. CITY
COUNCIL OF T14E CITY OF
FAYETTEVILLE. ARKANSAS:
Section 1. That the City Council of the City
of Fayetteville, Arkansas hereby amends
the title of 74.01 from Application of
Regulations to Application of Regulations
and Definitions, places the existing wording
in subsection (A) and enacts a new
subsection (B) as follows:
"(B) As used in this Chapter, "roadway"
will mean that part of the right ofway
between furthest curb or edge of the
pavement on one side of the road to the
furthest curb or edge of the pavement on the
other side ofiltc road and shall include anv
median between lanes of travel."
Section 2. That the City Council of the City
of Fayetteville, Arkansas hereby amends §
74.99 Penaltv or
Chapter 74: Pedestrians by enacting a new
(C) as follows:
"(C) Whoever violates § 74.03, §
74.04 or § 74.05 shall be fined not more
than 525.00.
PASSED and APPROVED on 3/20/2018
Lioneld Jordan, Mayor
Attest
Sondra E. Smith, City Clerk Treasurer
74474250 Mar. 29, 2018