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HomeMy WebLinkAboutOrd. 1499-2015 ORDINANCE NO. 1499-2015 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA AN ORDINANCE AMENDING CHAPTER 11.24 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE TO PROHIBIT THE OBSTRUCTION OF PEDESTRIAN TRAFFIC UPON SIDEWALKS WHEREAS, Article XI, Section 7 of the California Constitution provides that a city or county may make and enforce within its limits all local,police, sanitary, and other ordinances and regulations not in conflict with general laws; and WHEREAS,promoting the free flow of pedestrian traffic on public sidewalks is a significant governmental interest; and WHEREAS, Assembly Bill 1358,the "California Complete Streets Act of 2008,"requires revision of circulation elements of general plans to plan for a multimodal transportation network that meets the needs of all users including pedestrians, persons with disabilities, and seniors; and WHEREAS,Caltrans' Complete Streets Policy recognizes the pedestrian transit mode as an integral element of the transportation system and the importance of addressing the safety and mobility needs of pedestrians; and WHEREAS, South San Francisco's General Plan, Downtown Station Area Specific Plan, Pedestrian Master Plan, and Climate Action Plan encourage walking as an alternative mode of transportation; and WHEREAS, South San Francisco's General Plan has an overarching vision for safe and convenient pedestrian facilities, and its policies encourage improved pedestrian connections and increased pedestrian uses; and WHEREAS, construction of a walkable community provides the most affordable and equitable transportation system any community can plan, design,build, and maintain; and WHEREAS, ensuring sidewalks and pathways are free from obstructions is necessary to ensure access for all users, including handicapped members of the community; and WHEREAS, there is a tendency for increased pedestrian-involved traffic collisions when there are a greater number of pedestrians and bicyclists in the area; and WHEREAS, the transportation sector is the second largest community wide source of greenhouse gas emissions in the City,and promoting the use of alternative modes of transportation, such as pedestrian activity, contribute to a decrease in daily vehicle trips, reduce greenhouse gas emissions, and improve air quality; and WHEREAS,improving the pedestrian environment and encouraging pedestrian activity as an alternative mode of transportation constitutes a method for achieving AB 32 greenhouse gas reduction requirements; and WHEREAS,the sections 11.24.050 and 11.40.290 of the Municipal Code currently prohibit obstruction of traffic by pedestrians and obstruction of pedestrian movement by vendors; and WHEREAS, no existing code section addresses the obstruction of the free passage of pedestrians by those standing in a stationary position on the sidewalk or engaging in any other act or activity that obstructs the free passage of pedestrians or the customary use of sidewalks. NOW THEREFORE,the City Council of the City of South San Francisco does ORDAIN as follows: SECTION 1. AMENDMENTS The City Council hereby adds section 11.24.070 to Chapter 11.24 of the South San Francisco Municipal Code to read as follows. Sections and subsections that are not amended by this Ordinance are not included below, and shall remain in full force and effect. 11.24.070 Obstruction of pedestrians (a) No person shall remain standing in a stationary position,or engage in any intentional act or activity, on any sidewalk, passageway, or other public way open to the public in such a manner as to obstruct or hinder the free passage of pedestrians or the customary use of such sidewalk,passageway, or other public way open to the public. (b) No person shall be cited under this section unless the person engages in conduct prohibited by this section after having been notified by a law enforcement officer that the conduct violates this section. SECTION 2. SEVERABILITY If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional,the remainder of this Ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect.To this end,provisions of this Ordinance are severable.The City Council of the City of South San Francisco hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. SECTION 3. PUBLICATION AND EFFECTIVE DATE Pursuant to the provisions of Government Code Section 36933,a summary of this Ordinance shall be prepared by the City Attorney. At least five(5)days prior to the Council meeting at which this Ordinance is scheduled to be adopted,the City Clerk shall(1)publish the Summary,and(2)post in the City Clerk's Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk's Office a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance or otherwise voting. This ordinance shall become effective thirty days from and after its adoption. Introduced at a regular meeting of the City Council of the City of South San Francisco,held the 25th day of February, 2015. AYES: Councilmembers Karyl Matsumoto, Pradeep Gupta, and Liza Normandy Mayor Richard A. Garbarino NOES: Vice Mayor Mark N. Addiego ABSTAIN: None ABSENT: None Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council held the 8th day of April, 2015 by the following vote: AYES: Councilmembers Karyl Matsumoto, Pradeep Gupta, and Liza Normandy Vice Mayor Mark N. Addiego and Mayor Richard A. Garbarino NOES: None ABSTAIN: None ABSENT: None ATTEST:7- l a ■ melli, City Clerk As Mayor of the City of South San Francisco,I do hereby approve the fore ing Ordinance this 8th day of April, 2015. Vi' C�� D- Richard A. arb 'no, Mayor