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CONSIDERATION OF ORDINANCE NO. O-1314-31 UPON SECOND AND FINAL READING: AN ORDINANCE OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, AMENDING SECTION 20-1002 OF CHAPTER 20 OF THE CODE OF THE CITY OF NORMAN TO ALLOW THE DIRECTOR OF PUBLIC WORKS TO ESTABLISH SPEED LIMITS IN CONSTRUCTION ZONES; AND PROVIDING FOR THE SEVERABILITY THEREOF.
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BACKGROUND: Speed limits in the City of Norman are established in accordance with Chapter 20, Section 20-1002 of the Code of Ordinances. Section 1(a) designates typical limits for alleys (15 mph), school zones (20 mph) and section line roads (50 mph). Section 1(b) gives the Director of Public Works or his designee the authority to set limits based on pertinent traffic data obtained through traffic engineering studies and requires that three copies of the specific speed limits list be kept on file at the Office of Public Works and the City Clerk's Office at all times.
Speed limits can be and are sometimes changed to reflect the prevailing driver behavior. These changes are based on the appropriate engineering studies and have always been long term in nature. However, the current ordinance does not offer the flexibility needed to address short term speed limit reductions such as those desired during road construction and maintenance activities.
Penalties for speeding on City streets are established in Chapter 14, Section 14(c)(2). For instance, the current penalty for speeding in a school zone or school crossing is $200.00.
DISCUSSION: Nationally, thousands of crashes occur in work zones each year, leading to numerous fatalities and injuries. In many instances, these crashes have been attributed to excessive speed, which emphasizes the need to motivate drivers to comply with speed limits in work zones.
Temporary speed limits in construction zones are regulatory speed zones established in long term construction and/or maintenance projects where there are continuous hazards to the motorist. The speed limit goes into effect when the signs are posted and should be used when the roadway construction environment continuously dictates the need for a reduced speed and where it is imperative for the motorist to reduce the speed in order to safely navigate hazards that may be encountered over the length of the project. Since the signs are posted 24 hours a day, the primary reasons to establish the limit should also be present 24 hours a day. Conditions that would warrant temporary speed limits in construction and maintenance zones are bypasses, land drops, drop-offs, narrow lanes, no shoulders, sight distance restrictions, or poor road surface. Some of these hazards still require warning signs, but it is intended that the regulatory speed limit will reduce drivers' speed such that the majority of hazards can be safely negotiated. Severe hazards at spot locations may still require an additional speed advisory to slow the motorist even more.
In 2001, Oklahoma's Title 47 of the Motor Vehicle Code was amended to allow the Oklahoma Department of Transportation to post special speed limits on State and Federal highways under construction [Title 47, ยง11-806(c)]. Specifically, the law states the following:
"Where any state or federal highway or turnpike shall be under construction, maintenance, or repair or when a detour shall have been designated by reason of construction, maintenance, or repairs in progress and a maximum safe, careful, and prudent speed shall have been determined by the Oklahoma Department of Transportation on the highway or highway detour or by the Oklahoma Transportation Authority on the turnpike or turnpike detour during the period of the construction, maintenance, or repairs and shall have plainly posted at each terminus thereof and at not less than each half mile along the route thereof the determined maximum speed, no person shall drive any vehicle upon the portion of the highway or the highway detour or upon the portion of the turnpike or the turnpike detour at a speed in excess of the speed so determined and posted. Violation of the posted speed limit in the repair, maintenance, or construction zone shall result in the doubling of the appropriate fine. For purposes of this section, 'repair, maintenance, or construction zone' means any location where repair, maintenance, or construction work is actually in progress and workers present."
The Public Works Department has reviewed both the national and state practices related to the establishment of temporary speed limits in construction and maintenance work zones and has determined that the ability to implement such temporary speed limit changes will be beneficial to the safety of workers and drivers alike. For this reason, the Public Works Department has prepared the subject Ordinance amendment.
Under the amended language, the Director of Public Works or his designee will be permitted to modify the speed limit along segments of roadway under construction or maintenance. In addition, the amended language establishes a fine of $200.00 for violators of the construction or maintenance area speed limit.
The City Legal Department assisted staff is preparing this amendment.
STAFF RECOMMENDATION: In order to allow the posting of temporary speed limits in construction and maintenance work areas, it is recommended that Council adopt Ordinance No. O-1314-31, amending Chapter 20, Section 20-1002, permitting the Director of Public Works or his designee to do so when deemed prudent and appropriate for the safety of workers and the traveling public. It is further recommended that Ordinance No. O-1314-32 be adopted amending Chapter 14, Section 14-310(c)(2) establishing a $200.00 fine for speeding in construction or maintenance work zones.