Discussion and possible action on any and all matters regarding Ordinance No. 346.  An ordinance of the Mayor and Council  of the City of San Luis, Arizona, relating to San Luis Code of Ordinances as it pertains to traffic control by amending Title VII, Traffic Code, and Title XI, Business Regulations, of the Code of Ordinances of the City of San Luis by amending Chapter 70 General Provisions, Chapter 71 Traffic Control, Chapter 72 Parking, and Chapter 112 Transportation Business Regulations, by amending Section 71.04 Traffic Control Devices to Authority to Install Traffic Control Devices, Signs, Signals, Crosswalks, Safety Zones, and Mark Traffic Lanes; amending Section 71.05 to be Uniform Traffic Control Devices; amending Subsection 71.07 (A) regarding Authority to Place Restricted Turn Signs; adding Section 71.10 Obedience to Traffic Control Devices, adding Section 71.11 Unauthorized Painting of Curbs, Sidewalks, or Streets, Highways and Freeways; amending Section 72.04 to be Parking Upon Public Property; amending Subsections 72.07 (A) and 72.07 (B), repealing Subsection 72.07 (C) and renumbering Subsections 72.07 (D) and 72.07 (E) regarding Buses and Taxis; amending Section 72.10 to be establishment of rates for Parking Control Devices or Parking Meters; amending the definitions of Bus Stand, Taxi Stand, and Taxi Waiting Stand as contained at Section 112.02; amending Subsection 112.03(B) to Provide for Liveries; amending Section 112.07 to Provide for Liveries, Providing Penalties for Violations by amending Section 70.99 Traffic Code Penalty and amending Section 72.99 Penalty; repealing any conflicting provisions; providing for severability; and declaring an emergency (Kay Marion Macuil, City Attorney) 

Summary of the Proposed Changes

For ease of comparison here is the link to the current City Code, http://library.amlegal.com/nxt/gateway.dll/Arizona/sanluis_az/cityofsanluisarizonacodeofordinances?f=templates$fn=default.htm$3.0$vid=amlegal:sanluis_az 

The attachment have the proposed ordinance and the current City Code with the sections to be changed highlighted. 

1.  Council Retains the Following Authority:
    • Determine where one-way streets are placed, 
    • Parking Meter charges, and
    • Fees    

2. Staff Involved in Making Traffic Control Decisions: In order to address safety from several points of view, decisions on traffic controls are made by   
    Police Chief with agreement from
    City Engineer,
    Public Works Director, and
    Fire Chief.

3. One Method to establish traffic controls  rather than the current 3 methods.

4. Traffic Controls Involved: traffic lights, traffic signs, crosswalks, no-parking signs, curb colors for parking indications, parking meters, etc.

5. Reorganization: Some regulations that were already in the code are reorganized for ease of use.  For example,  the regulation which requires drivers to obey the traffic controls is now in a new stand-alone Section 71.10 to make it easier to find and see.

6. New:
• Ten (10) Parking Zones are specifically described as to type in Section 72.04- no parking and no standing zones, handicapped zone  etc.

• Prohibition on the public painting the curbs or sidewalks without City permission.

• Uniformed method to establish Taxi Stands, Taxi Waiting Stands, and Bus Stands.  The State  of Arizona's Definition of "Livery" and what kind of stand it can use.  "Livery" is a taxi that can charge a fixed rate without a taxi meter.

7.  The Penalties Are Reorganized:  The penalties in the current City Code which are specific to traffic control were all moved to the penalty section of the first chapter of the traffic codes in Section 70.99.  This was done not only so that they could be easy to find but also so that they apply to the all of the traffic codes. The proposed Ordinance also provides that any future amendments which do not specify a penalty will automatically have the regular civil offense penalty.

Declaration of Emergency
Without a declaration of an emergency, this ordinance would need to pass through a first and second reading and then it would become effective 30 days after that, putting us into February or March 2016.  Staff needs the flexibility to address traffic flow concerns as they occur now:
•Traffic control is a vital public safety concern.
•High volume traffic occurs in the City of San Luis during the fall and winter seasons.
•It being the beginning of December,the City is experiencing the seasonal heavy traffic.
•It is immediately necessary for Staff to have the flexibility to control traffic flows as needed in the interests of public safety.

So, the proposed Ordinance is written to become effective immediately as an emergency measure.  Under A.R.S. Section 19-142(B) an emergency ordinance requires a 3/4 vote of the entire Council to pass, which is 6 votes in favor.

Credit for the Work  While he was City Attorney,  Glenn Gimbut  had as a long-term goal to overhaul the traffic codes.  Now, as a part-time Assistant City Attorney, he has been able to focus on the project and got it done in short order.  Given the unique situation San Luis has with taxis, he fashioned provisions to address the City's special needs. In addition to making sure the proposals complied with  Arizona law, his work included researching various ordinances around Arizona for approaches to traffic control and evaluating the best way for San Luis.