02-01-2005 - Amendment to Municipal Code Regarding Juveniles and Traffic0
U
TO: Andrew G. Pasmant, City Manager
and City Council
FROM: Frank J. Wills, Chief of Police
City of West Covina
Memorandum
AGENDA
ITEM NO. D-
DATE February 1, 2005
SUBJECT: AMMENDMENT TO MUNICIPAL CODE REGARDING JUVENILES
AND TRAFFIC
RECOMMENDATION: It is recommended that the City Council introduce the following
Ordinance:
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF
WEST COVINA, CALIFORNIA, AMENDING SECTION 1-37.1, CHAPTER 22-199
OF THE MUNICIPAL CODE, CLARIFYING VERBIAGE THEREIN
DISCUSSION:
The Police Department recommends that the language in Section 1-37.1, Chapter 22-199 of the
West Covina Municipal Code be corrected and clarified to properly protect youth and allow for
effective traffic enforcement. This violation concerns the loading and unloading of juvenile
passengers, with the goal of keeping them safe from motorists.
The issues prompting this change result from the improper wording of the existing code and to
better promote safety. The ordinance as currently worded contains a requirement that a juvenile
cross the entire street to constitute an unsafe condition. However, a child's safety is jeopardized
whenever they exit a vehicle from any point on the roadway other than when the vehicle is
parked against a curb. This is a common occurrence. Juveniles are often dropped off from a
vehicle stopped in a lane of traffic causing them to cross a portion of the roadway to get to the
curb, outside of a crosswalk. Changing this behavior is one of the goals of this ordinance.
Further, there must according -to existing code, be no crosswalk or signal within 100 feet to
constitute a violation. As most of our schools are well equipped with signals or crosswalks,
enforcement becomes a matter of feet and inches rather than of changing unsafe behavior. The
proposed change eliminates this section. The existing code also incorrectly identifies juveniles as
12 years of age or younger. The proposed change would define juveniles as those 17 years of age
or younger.
Introducing and adopting the attached Ordinance will remedy the above by updating the relevant
language.
FISCAL IMPACT:
None.
Prepared by:
Mark Dettor, ieutenant
Approved by:
Frank J. Wills, hief of Police
Attachment: ordinance
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF WEST COVINA,
CALIFORNIA, AMMENDING SECTION 1-37.1, CHAPTER 22-199 OF THE
WEST COVINA MUNICIPAL CODE, CLARIFYING VERBIAGE THEREIN
WHEREAS; the West Covina Municipal Code may be amended by ordinance only; and
WHEREAS, Section 1-37.1, Chapter 22-199 contains an improper definition of
"juvenile," and flawed qualifying descriptions; and
WHEREAS, this verbiage should be corrected to expedite efficient traffic enforcement
and court actions;
NOW, THEREFORE, the City Council of the City of West Covina does hereby ordain as
follows:
SECTION NO. 1: West Covina Municipal Code, Section 1-37.1 is amended to read as
follows:
Sec. 22-199. Loading and unloading of juvenile passengers.
(a) No operator of a motor vehicle shall stop or park to load or unload juvenile passengers
where such loading or unloading is in a location which would cause the juvenile to er-ess the
street , naffended • ithout ^ alk ^ ^' use any portion of the roadway:
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(Lr «iLvi v�rrore-i" ,
(�) (1) Where such loading or unloading is prohibited by signage;
(-3) (2) In an intersection, private driveway, or traffic lane;
(4) (3) In a manner that places passengers in a hazardous situation, including but not
limited to beckoning a juvenile to cross the street in vielation e f this seeti other than
in a crosswalk.
(b) Notwithstanding, subsection (a) shall not apply when the operator is directed to stop or
park and passengers to unload at the direction of a peace officer.
(c) As used in this section, "juvenile" means children twelve (12) seventeen (17),years of age
or younger.
APPROVED AND ADOPTED this day of , 2005'.
Mayor
ATTEST:
City Clerk
r
I , CITY CLERK of the City of West Covina, do hereby
certify that the foregoing Ordinance no. was regularly introduced and placed upon
its first reading at a regular meeting of the City Council on the day of 2004. That
thereafter said Ordinance was duly adopted and passed at a regular meeting of the City Council
on the day of , 2005, by the following vote, to wit:
AYES:
NOES:
ABSENT:
City Clerk
APPROVED AS TO FORM
City Attorney