Request to Amend City Code Section 36-128 Crossing or Stopping in a Roadway (Ordinance G-7468) - Citywide

Summary

This draft ordinance proposes to amend Phoenix City Code Section 36-128, which governs pedestrian crossing and stopping in roadways and medians. The stated intent of the ordinance is to remove the current requirement that law enforcement issue a warning to a pedestrian before issuing a civil citation for a first violation of stopping or remaining in a roadway traffic island or median. The original Section 36-128 was established in May 2014 (Ordinance G-5960) to address pedestrian health and safety concerns, specifically reducing vehicle crashes involving pedestrians in traffic islands and medians. While it prohibited such actions and designated violations as civil or Class 1 misdemeanors, it mandated a warning for the first civil offense. City staff now argue this warning requirement is ineffective in ensuring pedestrian safety. However, there is a significant discrepancy in the draft document. While the "WHEREAS" clauses explicitly state the purpose is to remove the warning requirement, the actual proposed amended text for Section 36-128(C) presented in the ordinance still includes the clause requiring a warning before a civil citation. If passed as written in Section 1, the ordinance would not achieve its stated goal of removing the warning.

Citizen Impact

If the stated intent of this ordinance to remove the warning requirement were to be implemented, pedestrians could face immediate civil citations for stopping or remaining in roadways or medians, increasing potential fines without a prior warning. However, the current draft text contains a contradiction, meaning the actual impact might not align with the stated goal.

Confidence

low