CHARLESTON, W.Va. — The City of Charleston is beginning the discussion process for a potential ordinance to limit driver and pedestrian interactions.
Discussion began on Monday night when the Charleston City Council Ordinance and Rules Committee brought up a draft bill. The bill mirrors the City of Wheeling’s recent ordinance, which prohibits the interaction between those operating a motor vehicle situated in a lane of traffic and pedestrians.
Like Wheeling, the potential bill would see a prohibition of interactions between those operating a motor vehicle and pedestrians on city streets.
City attorney Kevin Baker says the ordinance mimics what Wheeling put into effect at the beginning of the month, but there are some differences.
Kevin Baker
“This draft essentially takes what Wheeling had in front of them and puts it into our format,” Baker said Monday. “They had a handful of more definitions that our city code already had in other places, so I didn’t have to incorporate those, but it relies on the city’s power to regulate and eliminate hazards to public safety, to place some restrictions on how pedestrians and vehicles interact at various intersections.”
While the draft bill could see some changes in the coming weeks, the current areas where that will see enforcement would be roads with a speed limit of at least 25 miles per hour, roads under construction, medians of roads less than 10 feet wide, roads with poor lighting, and roads during bad weather.
The draft bill will look for certain actions such as being in the median or roadway unless crossing the road, physical interactions where items are exchanged, and any sort of interference with safe traffic flow.
First-time offenders of the ordinance would be given a verbal warning, second-time offenders would receive a written warning, and third-time offenders would get a $100 fine or community service.
Baker says the bill is not aimed at infringing on citizens’ rights, but rather, to aim to make the roadways safer.
“This is not to be construed to impair anyone’s Constitutional rights,” Baker said. “We all know that people have a protected 1st Amendment right to ask for money in the public right of way, so this bill does not infringe upon those rights.”
Council member Jeanine Faegre says panhandling in the city has gotten out of hand from what she has heard and seen.
Jeanine Faegre
“What’s going on the street corners, older people are afraid to even go to Walgreens. Older people are afraid to even go to the West Side Kroger,” Faegre said.
Faegre also says businesses and other Ward 5 members have expressed concerns on the ongoing panhandling situation in the city.
“They (business owners) are afraid that the panhandlers are going to stab one another because they get in fights over who’s got the best spot on each corner,” Faegre said. “Does it (the bill) need some work? Oh, absolutely, but I received five calls this evening before I even came to the meeting about it and suggestions from constituents, so I hope this honorable committee takes a close look at all of this.”
While multiple different parties expressed concern about panhandling, the discussion brought up areas that need more work as meetings continue. These discussions centered around the draft bill being hard to interpret, as it speaks on any person in the public right-of-way.
Baker says he anticipates having numerous conversations with police officers regarding how and when to enforce the ordinance.
“I’ll be the first to admit that, if City Council chooses to adopt a bill like this, I’ll be answering questions from police officers for months about how to interpret it and what they should do or shouldn’t do,” Baker said.
Chad Robinson
Committee Chairman Chad Robinson and others are working on the draft bill, as Monday’s meeting was the origins of the discussion.
The draft bill will be brought up at Charleston City Council’s meeting on December 2.