2387
ORDINANCE FAILED ON SECOND READING 10/22/2019
ORDINANCE NO. 2387
COUNCIL MEMBER WOLFF INTRODUCED THE FOLLOWING ORDINANCE:
AN ORDINANCE TO AMEND THE CITY OF BLAIR MUNICIPAL CODE, CHAPTER 5,
SECTION 5, BY CREATING A NEW SECTION PROHIBITING PEDESTRIAN USE OF
CERTAIN MEDIANS WITHIN THE PUBLIC RIGHT-OF-WAY; TO PROVIDE FINDINGS
OF LEGISLATIVE INTENT, DEFINITIONS, ENFORCEMENT PROCEDURES, AND
AFFIRMATIVE DEFENSES; AND TO PROVIDE AN EFFECTIVE DATE HEREOF;
REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING WHEN THIS
ORDINANCE SHALL BE IN FULL FORCE AND EFFECT AND PROVIDING FOR
PUBLICATION OF THIS ORDINANCE IN PAMPHLET FORM.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BLAIR:
Section 1. The City of Blair Municipal Code, Chapter 5, Section 5 is amended by adding a
section, numbered 5-229, reading as follows:
Sec. 5-229. Use of certain medians prohibited.
(1)Intent and purpose of section.
a.The City Council is dedicated to preserving and protecting the health, safety,
and welfare of all pedestrians, motor vehicle drivers, motor vehicle passengers,
and other individuals who utilize the public rights-of-way within the City.
b.As the primary purpose of the roadway medians is to enhance the safety of and
free flow of traffic on roadways by separating opposing lanes of vehicular
traffic, channeling traffic for turning purposes, calming traffic, and in some
cases providing a temporary refuge for pedestrians crossing busy or wide
roadways, the City Council finds that there exist within the City certain medians
that are not designed or suitable for pedestrian use because of their narrowness
or contour.
c.The City Council further finds that pedestrian use of these medians on higher
volume or on higher speed roadways within 200 feet of an intersection, or use
of these medians on any roadway within 200 feet of an intersection with a
higher volume or higher speed roadway, poses a safety hazard to the user and
passing motor vehicle traffic from an increased risk of a pedestrian and motor
vehicle collision and can inhibit the free flow of traffic.
d.It is hereby declared to be the legislative intent of the City Council to protect
and preserve the public health, safety, and welfare from these safety hazards by
prohibiting pedestrian use of certain narrow or domed medians located on
higher volume or higher speed roadways within the City.
(2)It shall be unlawful for any person to access, use, occupy, congregate, or assemble on
or about any median that is not designed or suitable for pedestrian use that has been
posted with a sign pursuant to this section prohibiting such access, use, or occupancy.
Any violation of this section shall be punishable as provided in Section 5-701 of this
Code.
(3)Determination of safety hazard and signage.
a.The Public Works Director may prohibit pedestrian access to or use or
occupancy of any median that is not designated or suitable for pedestrian use
on a higher volume or higher speed roadway, or on a roadway that intersects
with a higher volume or higher speed roadway, by erecting and posting a sign
on such median prohibiting access to or use of occupancy.
b.Proper signage must be reasonably posted to provide notice but is not required
to be visible from every position on the median.
(4)Definitions.
For purposes of this section 5-229:
a.“Median that is not designated or suitable for pedestrian use” shall mean any
median within 200 feet of an intersection that is located at any higher speed or
higher volume roadway, or any median within 200 feet of any intersection with
a higher speed or higher volume roadway, within the City that is 6 feet or less
in width or that does not possess a flat cross-slope area regardless of slope.
b.“Median” shall mean the area between two roadways of a divided street or
highway measured from the edge of the travelled way to the edge of the traveled
way including areas between traffic lanes for control and channelization of
vehicular movements. Such an area may be physically defined by curbing,
landscaping, or other physical obstacles to the area’s use by motor vehicles.
c.“Flat” shall mean having a maximum difference in cross-slope of 8.3 percent
of less throughout.
d.“Higher speed roadway” shall mean a roadway with a posted speed limit of 30
miles per hour or greater.
e.“Higher volume roadway” shall mean a roadway classified as a Freeman,
Expressway, Arterial, or Collector roadway.
(5)Affirmative defenses.
It is an affirmative defense to a violation of this section that a person:
a.Was authorized by the City, State, or other political subdivision to access the
median for maintenance, repair, or other municipal purposes.
b.Obtained a permit or license from the City, State, or other political subdivision
to access the median to install, repair, maintain, or remove any utility,
communication, cable, or other type of infrastructure.
c.Was a local, State, or Federal law enforcement officer engaged in the
performance of an official duty.
d.Was crossing the roadway within a marked or unmarked crosswalk and utilized
the median as a temporary place of refuge for the exclusive purpose of avoiding
moving vehicular traffic upon the roadway.
Section 2. The sections, subsections, paragraphs, sentences, clauses, and phrases of
this Ordinance are severable, and if any section, subsection, paragraph, sentence, clause, or phrase
of this Ordinance shall be declared invalid, unenforceable, or unconstitutional by the valid
judgment or decree of a court of competent jurisdiction, such invalidity, unenforceability, or
unconstitutionality shall not affect any of the remaining sections, subsections, paragraphs,
sentences, clauses, or phrases of this Ordinance.
Section 3. This ordinance shall be in full force and effect from and after its passage,
approval and publication as provided by law.
PASSED AND APPROVED this 22ND day of OCTOBER 2019.
CITY OF BLAIR, NEBRASKA
BY___________________________
RICHARD HANSEN, MAYOR
ATTEST:
_____________________________________
BRENDA WHEELER, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
) ss:
COUNTY OF WASHINGTON )
BRENDA R. WHEELER, hereby certifies that she is the duly appointed, qualified, and acting City
Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was duly passed
and approved at a regular meeting of the Mayor and City Council of said City held on the 22nd
day of October 2019.
____________________________________
BRENDA WHEELER, CITY CLERK