The Town Council has approved a new ordinance to address an issue related to people in the roadway as a safety concern. This was one of three ordinances the council considered at its meeting on Aug. 22, which came out of an earlier discussion related to homelessness concerns.

“I thought this one was fairly simple…a no brainer,” said Councilwoman Brenda Kalivianakis. “It does not single out any group, it is about safety for all.”

As presented in the staff report from Town Attorney Aaron Arnson, the ordinance prohibits individuals from standing or stopping in the roadway, medians or areas adjacent to roadways where the speed limit is 35 miles per hour or greater. It is subject to limited exceptions such as emergency response and maintenance or construction activities.

Staff prepared the ordinance over the summer in response to a council discussion in June that had an overall tone of addressing concerns related to homelessness. Kalivianakis supported the measure along with councilmembers Gerry Friedel, Allen Skillicorn and Hannah Toth. The votes opposing the ordinance included Mayor Ginny Dickey, Vice Mayor Sharron Grzybowski and Councilwoman Peggy McMahon.

“I have a hard time trying to separate this from targeting something like panhandling, a vulnerable, protected class of people,” McMahon said.

She added that she believes the penalties and fines are excessive and unconstitutional. The penalties are criminal and up to a $2,500 fine or up to six months in jail, or both.

Dickey agreed, saying she would rather see civil penalties related to the ordinance as well as language more focused on safety.

“I do have a problem with the discussion as it relates to homelessness,” Dickey said.

Grzybowski said she does not believe there is enough data or evidence to support the ordinance as a safety issue and asked for additional time for research.

Skillicorn thanked staff for addressing the issue as quickly as they did, saying he did not expect it the first meeting back from summer break.

Resident Matthew Corrigan addressed the item and applauded the effort, noting a nationwide trend in pedestrian/vehicle collisions and fatalities. Fountain Hills’ history of pedestrian fatalities includes the spring of 2018 when five people died in two accidents. In one instance, four victims were walking on the sidewalk approaching an intersection. The fifth individual was crossing the street in a crosswalk. Those incidents prompted Mayor Dickey to establish the Traffic Safety Advisory Committee.