File #: 22-181    Version: 1 Name:
Type: Ordinance Status: Adopted
File created: 5/11/2022 In control: City Council
On agenda: 5/24/2022 Final action: 5/24/2022
Title: Communication from the City Manager and Interim Corporation Counsel with a Request to ADOPT an ORDINANCE to Amend CHAPTER 28 (Traffic and Motor Vehicles) of the CODE of the City of Peoria.
Attachments: 1. Ordinance amending obstruction of traffic, 2. ORD 17,977

ACTION REQUESTED: 

Title

Communication from the City Manager and Interim Corporation Counsel with a Request to ADOPT an ORDINANCE to Amend CHAPTER 28 (Traffic and Motor Vehicles) of the CODE of the City of Peoria.

 

Body

BACKGROUND:  According to the Illinois Department of Transportation, the number of pedestrian crashes in Peoria County has decreased since 2010, but the number of fatalities that result from pedestrian crashes has increased.

 

Year

# Pedestrian Crashes

Total Accidents

Percentage of Total Accidents

Fatalities

2020

39

3798

1.03%

3

2019

48

4430

1.08%

3

2018

48

4586

1.05%

4

2017

44

4333

1.02%

2

2016

48

4531

1.06%

2

2015

52

4454

1.17%

0

2014

51

4536

1.12%

3

2013

63

4438

1.42%

1

2012

56

4789

1.17%

2

2011

48

4896

0.98%

2

2010

65

5136

1.27%

1

 

The Pedestrian Median Crash Analysis completed by Hanson Professional Services in September of 2021 did not track fatalities.  The Public Works Department has asked Hanson to re-evaluate for fatalities and offer a comparison with the IDOT statistics.

 

On May 10, 2022, the City Council requested that the legal department draft changes to Chapter 28 (Traffic and Motor Vehicles) of the City Code.  Attached is an Ordinance Amending the Definitions and Prohibition of what constitutes a vehicle obstructing traffic. In addition, it makes occupancy of the median when not attempting to lawfully cross the road an ordinance violation.

 

The ordinance does not prohibit individuals from soliciting donations nor does it prohibit occupants of a vehicle from providing donations or goods to individuals.  The Ordinance prohibits the exchange of goods, products or materials on the traveled portions of roadways.

 

If community members want to provide a donation to an individual along a roadway, they will need to do so from a legal parking spot, not from a travel lane that could cause a distraction to other motorists, cause pedestrians to move into the roadway in an unsafe matter or even cause the sudden slowdown of traffic, which may lead to accidents.

 

Any occupant of a car who provides goods, materials or products to a pedestrian while a vehicle is not legally parked will be subject to the fine schedule in Section 1-5 of the Code which states as follows:

 

Whenever in this Code or in any ordinance of the city any act is prohibited or is made or declared to be unlawful or an offense, or whenever in such Code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, the violation of any such provision of this Code or any ordinance shall be punished by a fine of not less than $75.00 and not more than $500.00 for each offense. Each day any violation of any provision of this Code or of any ordinance shall continue shall constitute a separate offense.

The same fine schedule would apply to any individual cited for remaining in the median when not attempting to lawfully cross the road.

The intent is not to curb donations or to limit constitutionally protected conduct.  The intent is to move the activity to a safe location that will not obstruct traffic or put the motoring public or pedestrians at a greater risk for accident or injury.

 

 

 

FINANCIAL IMPACT:   None.

 

NEIGHBORHOOD CONCERNS: None. 

                     

IMPACT IF APPROVED:  The police department could issue citations pursuant to the amendments in Section 28-169.

 

IMPACT IF DENIED:  Status quo.

 

ALTERNATIVES:

 

EEO CERTIFICATION NUMBER:

 

WHICH OF THE GOALS IDENTIFIED IN THE COUNCIL’S 2014 - 2029 STRATEGIC PLAN DOES THIS RECOMMENDATION ADVANCE?

 

1. Attractive Neighborhoods with Character: Safe and Livable                     

 

WHICH CRITICAL SUCCESS FACTOR(S) FROM THE COMPREHENSIVE PLAN DOES THIS RECOMMENDATION IMPLEMENT?

 

1. Not applicable.                     

 

DEPARTMENT: Legal