Report Prepared by: Craig J. Cornwell, City Attorney
Title
SUBJECT: Consideration of the First Reading of an Ordinance Amending Chapter 10.24 of the Merced Municipal Code to Prohibit Pedestrian Crossings Outside of Crosswalks and Repealing Existing Section 10.24.020.
REPORT IN BRIEF
The Ordinance proposes revisions to Chapter 10.24 of the Merced Municipal Code to expressly prohibit pedestrians crossing outside of crosswalks and repeal the City of Merced’s existing prohibition against standing in the roadway in accordance with California law.
RECOMMENDATION
City Council - Adopt a motion:
A. Introducing and approving the first reading of Ordinance 2587, an Ordinance of the City Council of the City of Merced, California, Amending Chapter 10.24 of the Merced Municipal Code to prohibit pedestrian crossings outside of crosswalks and repeal the prohibition on standing in roadways; and,
B. Set the Ordinance for a second reading and adoption.
Body
ALTERNATIVES
1. Introduce and approve first reading of the Ordinance as recommended by staff; or,
2. Provide direction on specific revisions to the Ordinance; or,
3. Request additional information; or
4. Continue the matter to a date certain; or
5. Decline to act.
AUTHORITY
Charter of the City of Merced, Section 200.
CITY COUNCIL PRIORITIES
As provided for in the 2025-26 Adopted Budget.
DISCUSSION
On or about January 1, 2023, Assembly Bill 2147 went into effect and revised various sections of the California Vehicle Code. These changes in state law remove fines for jaywalking when a pedestrian crosses outside a designated crosswalk, provided it is done safely and without immediate harm. The new law shifts emphasis from strict adherence to crosswalks to a more context-sensitive approach which empowers pedestrians to make reasonable judgments about their own safety. Law enforcement retains the ability to cite when a crossing creates an immediate danger of a collision.
Under the California Vehicle Code, the City of Merced may adopt an ordinance that restricts a pedestrian’s ability to cross the street outside of a crosswalk, although the City of Merced does not have authority to regulate persons standing in or walking along such roadways.
Ordinance 2587 reflects the City of Merced’s authority to regulate pedestrian crossings in a way consistent with the shift toward empowering pedestrians to make reasonable judgments about their own safety under AB 2147 and repeals the existing prohibition against standing in the roadway in order to remain consistent with California law.
Attachments
1. Pedestrian Crossing Ordinance (Final)
2. Pedestrian Crossing Ordinance (Redline)