ORD NO 08-2018 CITY OF VAN BUREN,ARKANSAS
ORDINANCE NO. 2 -2018
BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN,
ARKANSAS,AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE TO REGULATE DANGEROUS AND UNNECESSARY
OBSTRUCTIONS OF TRAFFIC; ADOPTING AN EMERGENCY
CLAUSE; AND FOR OTHER PURPOSES.
WHEREAS, the City of Van Buren has over time experienced continuing residential and
economic growth; and
WHEREAS, growth has result in increased traffic and safety concerns; and
WHEREAS, while the City has made and continues to make substantial investments and
improvements to its infrastructure, it has not been possible to immediately
address all the traffic needs resulting from residential and economic
development; and
WHEREAS, the City has constructed trails and has studied and has plans in place to create
additional trail systems and other means of safely separating pedestrian traffic
from motor vehicle traffic; and
WHEREAS, the City continues to improve and maintain new and existing infrastructure in a
manner to encourage safe pedestrian and motor vehicle traffic; and
WHEREAS, the City continues to perform ongoing traffic studies and analyses designed to
determine the infrastructure and safety needs of the City; and
WHEREAS, in order to preserve a safe traffic environment, it is necessary to take additional
safety precautions and traffic calming measures beyond infrastructure
improvement and traffic management; and
WHEREAS, the National Highway Transportation Safety Administration October 2017 report
states that pedestrian fatalities have increased by 9.0%and are at their highest
number since 1990; and
WHEREAS, the National Highway Transportation Safety Administration February 2017 report
found that 90%of pedestrians killed in traffic crashes involved single vehicles;
and
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WHEREAS, the National Highway Transportation Safety Administration June 2017 report
shows that the greatest number of Arkansas traffic fatalities occurred on non-
interstate local streets; and
WHEREAS, the Governors Highway Safety Association reported a 40% increase in
pedestrian deaths in Arkansas from the first half of 2015 to the first half of
2016; and
WHEREAS, the City has a significant governmental interest in preserving the safety of its
citizens,visitors,pedestrians, drivers, streets and traffic in a manner that allows
people to freely enjoy their constitutional rights; and
WHEREAS, pedestrian traffic approaching vehicles creates apprehension,distraction and
unsafe driving conditions; and
WHEREAS, pedestrian traffic approaching vehicles presents a significant safety hazard for
pedestrians,motorists and occupants of vehicles and increases the likelihood of
traffic accidents, injuries,and fatalities.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VAN BUREN,ARKANSAS THAT:
SECTION 1: The following is hereby adopted:
Approaching an occupied vehicle—Prohibited.
(a) Except as provided in subdivision(b)of this section, a person shall not approach the occupied
vehicle of another person if the vehicle is in operation and on a public street.
(b)A person may approach the occupied vehicle of another if the person is:
(1)Authorized to perform roadwork,perform utility work, or direct traffic at the
location and acting within the scope of his or her authority;
(2)Law enforcement acting in his or her capacity as emergency personnel;
(3)Emergency personnel acting in his or her capacity as emergency personnel;
(4)A pedestrian acting consistently with Arkansas Code Annotated Sections
27-51-1203 and 27-51-1204;
(5)Using the roadway for pedestrian transportation services when no sidewalk or
trail is available.
(c)A violation of this section shall be punishable by a fine of not more than Five Hundred dollars
($500.00).
SECTION 2: The need to add the foregoing provisions is immediate and in order to protect the public
peace, health, safety and welfare, an emergency is declared to exist and this Ordinance
shall be in full force and effect from the date of its passage and approval.
SECTION 3: Should any section,paragraph, subdivision,clause,phrase,or other provision or portion of
this Ordinance be adjudged invalid or unconstitutional,the same shall not affect the validity
of this Ordinance as a whole, or any part or provision,other than the part so declared to be
invalid or unconstitutional, and the remaining provisions of this Ordinance shall be
construed as if such invalid,unenforceable or unconstitutional provision or provisions had
never been contained herein.
SECTION 4: All ordinances or resolutions or parts thereof in conflict herewith are hereby repealed to
the extent of such conflict.
IN WITNESS WHEREOF, the City of Van B Arkansas, by its City Council, did pass,
approve and adopt, by a vote of b for and 0 against - '.regoing Ordinance acts regular meeting
held the 26th day of February 2018.
Ro.ert D. F --ma
Mayor
ATTESTED: f 'PRO ' .
If 4 AL�
Phy is Thomas Candice A. Settle
City Clerk/Treasurer City Attorney