Adjustment to ordinance voted on prior to passage

By Kyle Troutman [email protected]

The city of Cassville has passed a new ordinance aimed at giving police a tool to manage individuals panhandling or fundraising at intersections in the city.

The ordinance, which came about after police have been receiving more frequent calls about individuals in intersections at Main Street and Highway 76/112 and Old Exeter Road and Highway 37, regulates pedestrian presence in medians and streets and highway areas, stating certain roadways and intersections within city limits experience higher traffic volumes and vehicle speeds, and the presence of pedestrians within medians, roadways or near moving vehicles in such areas creates a heightened risk of injury to pedestrians and motorists and interfered with the safe and efficient flow of traffic.

“The purpose of this Section is to promote the safety of pedestrians and motorists on City streets with higher traffic volumes or higher speed limits; to reduce traffic hazards and distractions caused by pedestrian presence within roadways and medians not designed for pedestrian use; and to ensure the safe and orderly movement of vehicular traffic throughout the City,” the ordinance reads.

A high-traffic roadway is defined as any public street or roadway with a posted speed limit of 35 miles per hour or greater, or where traffic volumes create increased safety concerns. A high-traffic intersection is defined as any intersection connected to a high-traffic roadway, including the roadway area extending 100 feet from such intersection.

During the council meeting and presentation of the proposed ordinance, Alderwoman Taylor Ellis pointed out the intersection at Main Street and Highway 76/112 is a 25-mile-per-hour zone, leading the council to make a motion to amend the high-traffic roadway definition to 25 miles per hour instead of 35.

Donnie Privett, Cassville Police chief, said prior to the ordinance’s passage, police had no mechanism to remove individuals from intersections.

Richard Asbill, Cassville city administrator, said the ordinance aims to allow police to determine whether people at intersections is a distraction to drivers, not knowing if people are crossing or not.

“We have different people hanging out at intersections,” Asbill said. “If someone is just standing there, what is the purpose? In most cases, they will not be able to, which we believe is in the best interest of public safety. We’ve had a couple people call and say individuals are standing there, and they don’t know if those individuals are standing there or will start walking. are they potentially hanging out or asking for money, or are they crossing and just pausing before they cross?

“People don’t yield to pedestrians on Main Street, and from the intersection north to the school, it can be very dangerous for pedestrians.”

Asbill said if police ask an individual in an intersection to leave and they refuse, police can issue a citation similar to a traffic ticket. If after the citation is issued the individual still will not leave, Asbill said police another level of public safety ordinances could lead to an arrest for non-compliance. However, he does not expect such situations to occur.

“We believe most everyone will comply,” he said. “We believe the individuals creating the most public safety concerns will move on when warned.”

Asbill noted Main Street and Highway 76/112, as well as Old Exeter Road and Highway 37 as the two main areas of concern.

“We do cooperate with school groups and other show usually set up at the crosswalk on the square, and that area has a pedestrian crosswalk, a stop sign and a turning lane.

“Those groups always communicate with the city, and we appreciate that,” he said.

Asbill added that the process of passing the ordinance was a learning experience, especially since it was spawned by calls from residents.

“Individual citizens communicated with the city to see things they’d like to see addressed, and we want to err on the side of public safety,” he said. “Drivers and tourists need the confidence to know Cassville is a safe place, and if someone is at an intersection, there should be no question whether they are crossing or not.”