Item Coversheet

BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT

Item No. 9.
For Meeting of: JuneĀ 2, 2020

ITEM TITLE:Ordinance repealing City of Yakima Municipal Code Chapter 9.25 Cruising Control
SUBMITTED BY:Cynthia Martinez, Senior Assistant City Attorney
SUMMARY EXPLANATION:

As requested on May 19, 2020, by a majority of the City Council, attached for your consideration is the Ordinance to repeal Chapter 9.25 of the Yakima Municipal Code (YMC).  This Chapter includes 9.25.010 Cruising Prohibited and 9.25.020 Cruising Permitted – Open Cruising Event.  These Ordinances work together; YMC 9.25.010 declares that cruising is prohibited and enumerates the four dangerous conditions that allow the Police Chief to block a public roadway to prevent cruising and YMC 9.25.020 provides exceptions to .010 and allows open cruising on certain evenings in the summer.  If this Ordinance is passed, there will be no regulation of cruising within the City of Yakima.  The police department will lose the ability to close a street proactively when one of the four dangerous situations exists.

 

The current version of 9.25.020 Cruising Permitted – Open Cruising Event Ordinance was passed by Council last fall.  The Ordinance was discussed because some found the insurance requirement in the previous version to be a financial burden for an event that users believed stimulates the downtown economy and benefits the entire community.  Prior to its passage, the Council heard from the public, downtown businesses and Yakima Car Club members.  The result of those deliberations is the current Cruising Permitted – Open Cruising Event Ordinance which eliminated the need for a sponsor and insurance during Open Cruising Events and expanded the number of events.  Open Cruising Events are permitted from 6 P.M. to 10 P.M. on the second and third Saturdays in June, July, August, and September.

 

The Legal Department drafted the Ordinances and believes they are legally defensible as applied by the police.  The Courts have long recognized a city’s power to regulate and control traffic on city streets and at least twelve other cities have ordinances very similar to ours.  The Courts have upheld Cruising Ordinances in other states.   

ITEM BUDGETED:NA
STRATEGIC PRIORITY:Public Safety
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
ATTACHMENTS:
DescriptionUpload DateType
YPD memo re Cruising Ordinance Information5/27/2020Backup Material
Ordinance - YMC 9.25 Cruising Control - track changes5/21/2020Ordinance
Ordinance - YMC 9.25 Cruising Control - changes accepted5/21/2020Ordinance