Title/Name/Summary
Ordinance Prohibiting Pedestrian Movement within Public Roadways in order to regulate the standing, sitting, or remaining on public roadways to ensure the safety of pedestrians and motorists.
History
Rising community concerns are being voiced about the dangers presented by the increased incidence of pedestrians entering roadways without having a lawful reasoning to do so such as entering or exiting a motor vehicle. . While pedestrian traffic fatalities since the pandemic remain elevated, actions taken by states and municipalities to reduce incidents with people walking on U.S. roadways are showing signs of success.
The Governors Highway Safety Association’s (GHSA) annual “Spotlight on Highway Safety” provides information on state and national trends in pedestrian traffic deaths for 2023 based on preliminary data provided by State Highway Safety Offices (SHSOs). The data analysis found that 29 states had fewer pedestrian deaths in 2023 compared to the year before, while 21 (plus Washington, D.C.) had more. Illinois is unfortunately among those states with more fatalities.
The GHSA report includes an in-depth analysis of 2022 data from the National Highway Traffic Safety Administration’s Fatality Analysis Reporting System that confirms trends indicating more people on foot are being killed at night in areas other than sidewalks, particularly by sport utility vehicles (SUVs) and pickup trucks. The GHSA report additionally states that since 2010, pedestrian deaths have increased by 77 percent, compared to a 22 percent rise in all other traffic fatalities and that this combination of factors creates this deadly situation for people walking on U.S. roadways.
The attached proposed ordinance prohibiting pedestrians from entering upon public roadways is narrowly focused to address the objective dangers presented when individuals stand, sit, walk or seek to interact with drivers from the roadways amongst active traffic lanes and high rates of motor vehicle speeds.
Currently, Title 9, Chapter 4 of the Orland Park Village Code addresses pedestrians and their interactions with motor vehicles on public roadways. The proposed ordinance would amend this section to revise the current wording of the sections while additionally including definitions of the Illinois Traffic Code as they relate to highways, roadways, and sidewalks.
Furthermore, this Chapter is amended to make it unlawful for “any pedestrian to stand, sit, or otherwise remain on a roadway” unless they meet an exception as provided in the chapter. The exceptions focus on (1) pedestrians who are lawfully entering or exiting a vehicle with the drivers consent, (2) pedestrians who exit a vehicle during emergency cases or danger, (3) pedestrians in residential subdivisions where sidewalks are not present, and (4) workers such as utility, construction, village employees or police officers who are performing their official duties.
While the Village and Corporate Authorities are concerned about pedestrian safety while standing on roadway medians, the law is clear and has upheld similar municipal regulations only for those that regulate when pedestrians are stepping off the medians and entering the public roadways. Roadways, as defined by the Illinois Traffic Code, are designated for use of vehicular traffic. Therefore, any pedestrian movement about roadways can be regulated with the interest of protecting the public welfare for preventing injuries and death that can occur as a result of motor vehicles colliding with pedestrians.
The Orland Park Police Department has developed procedures for enforcing the proposed ordinance amendment that comport with the Illinois Pretrial Fairness Act. That act governs the Police Department’s ability to make custodial arrests for persons who are issued citations for ordinance violations but nonetheless continue engaging in the offending behavior. This practically means that in some instances, a pedestrian who remain on public roadways will remain in that prohibited areas despite being issued a citation for an ordinance violation by the Police Department.
The circumstances and procedures authorizing a custodial arrest by the Police Department for a person who continues to violate the ordinance after being issued a citation are part of the Police Department’s General Orders.
Police Chief Rossi discussed the proposed Ordinance with the leadership of the Orland Fire Protection District to discuss the impact the proposed ordinance will have on the annual “Fill the Boot” campaign to benefit the Muscular Dystrophy Association (MDA). Despite the impediments the proposed ordinance will have on the “Fill the Boot” campaign for the MDA, the Fire District recognizes that the continued safety of all Orland Park’s residents and visitors remains its paramount duty.
Should the Village Board approve the proposed ordinance, the Village will initiate public communication and outreach to create awareness on the adoption of the ordinance.
Financial Impact
The Police Department’s interaction with pedestrians as it relates to Section 9-4-1 through 9-4-4 will occur as part of the daily responsibilities of sworn police department personnel. There is no immediately definable fiscal impact from enforcement.
Recommended Action/Motion
I move to recommend that the Village Board adopt the proposed ordinance prohibiting pedestrians from movement on public roadways.