TITLE
An Ordinance of the Mayor and City Council of the City of Maricopa, Arizona, adopting "Chapter 12 Traffic and Parking" by reference as sections 12-1 through 12-64 of the Maricopa City Code and repealing Articles I through IV of Chapter 12 of the Maricopa City Code and providing for severability and the effective date thereof. Discussion and Action. ITEM RELATED TO RES 12-72
AGENDA ITEM DESCRIPTION
As part of the adoption of the 2007 City of Phoenix Traffic Barricade Manual, the goal is to improve awareness and knowledge of effective temporary traffic control practices for contractors and maintenance providers working in the City of Maricopa. By adopting the attached ordinance, City staff will improve compliance levels by assessing fees to contractors who violate the Traffic Barricade Manual thus providing both vehicular and pedestrians an efficient and safe environment, while still allowing construction and maintenance to be accomplished in a timely manner.
In 2004, through the assessment of case studies and collection of civil penalties from across the nation, the City of Phoenix created a fee schedule for those that were repeat offenders of creating hazardous conditions for vehicles and pedestrians. Staff has confirmed through research that these fees are very consistent, or the same, as those imposed by other cities, and has included this fee schedule in the attached Ordinance. The fees are meant to be a deterrent for those that do not have a permit or improperly restrict streets and sidewalks. Those that fail to comply with specified practices of the Traffic Barricade Manual will be subject to civil sanctions (Notice of Violations). In addition, in case of an emergency, or where eminent hazards prevail or where there has been willful disregard to City requests to pick up signs and/or barricades in a timely manner, staff will have authority to impound devices. Staff's goal is to minimize the need for exercising these new penalty provisions by requiring each agency to have trained staff. Certain training will be required of agencies and other training will be strongly encouraged so that sufficient and knowledgeable supervision exists for any workers setting up or taking down temporary traffic control in City right-of-way.
In October 2010, the Mayor and City Council passed and amended Chapter 12 - Traffic and Parking of the City Code by Ordinance No. 10-10, to include that any person in violation of any of the provisions of Chapter 12-Traffic and Parking be assessed civil fines, based on the violation, ranging from not less than one dollar ($1.00) to no more than five hundred dollars ($500.00), and any state or local mandatory surcharges and fees. The attached Ordinance includes a fee schedule for parking violations, which is applicable to the violations as stated in Chapter 12.
STAFF RECOMMENDATION
Staff recommends that the Mayor and City Council approve the Ordinance amending Chapter 12 of the City Code to include fee schedules for violations of the Traffic Barricade Manual and parking violations.