ORDINANCE 2021- __,1~1 _

AN ORDINANCE OF THE BOARD OF SUPERVISORS OF PIMA COUNTY, ARIZONA, RELATING TO AND HIGHWAYS; AMENDING THE PIMA COUNTY CODE BY AMENDING TITLE 10, TRAFFIC AND HIGHWAYS, CHAPTERS 10.04 (GENERAL PROVISIONS), 10.08 (SPEED LIMITS), 10.12 (TRAFF.IC­ CONTROL SIGNALS), 10.16 (STOP INTERSECTIONS), 10.20 (YIELD CONTROLLED INTERSECTIONS), 10.24 (THROUGH ), 10.28 (ONE-WAY STREETS), 10.32 (TURNING RESTRICTIONS), 10.36 (OVERSIZE AND OVERWEIGHT SPECIAL PERMITS), 10.40 (STOPPING, STANDING AND PARKING RESTRICTIONS) AND 10.46 (PRIMITIVE ) TO DELEGATE TO THE COUNTY ENGINEER APPROVAL AUTHORITY.

The Board of Supervisors of Pima County, Arizona, finds that:

1. The county engineer, under direction of the board, has charge ·of all county highways under A.R.S. § 11-562. 2. Base~ on engineering judgment and engineering study, the county engineer recommends the type and placement of traffic control devices to regulate, warn or guide traffic in accordance with the state adopted manual and spec.ifications for uniform system of traffic control devices. A.R.S. § 28-641. 3. It is in the best interest of the County to amend chapters 10.04, 10.08, 10.12, 10.16, 10.20, 10.24, 10.28, 10.32, 10.36, 10.40 a,nd 10.46 of the Pima County Traffic a·nd Highways Code to delegate to the county engineer approval authority of traffic control devices on county highways and acceptance of roadways into the maintenance system.

BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF PIMA COUNTY, ARIZONA:

SECTION t. Pima County Code Chapter 10.04, is amended to add a new section 10. 04. 035 Roadway acceptance into the maintenance system as follows:

Chapter 10.04 GENERAL PROVISIONS

10.04.035 Acceptance of subdivision streets into the maintenance system.

After plat approval by the board of supervisors under Section 18.69.0?0(F) (Subdivision Standards), the county engineer, upon finding that the streets. highways, bicycle facilities or other ways are laid out, opened and constructed as defined in this

1 of 8 Traffic and Highways Title 1O title and in accordance with the approved plat and written specifications made by the board of supervisors, shall accept the streets into the county maintenance system within one year of completion.

SECTION 2. Pima County. Code Chapter 10.08, Sections 10.08.020 and 10.08.030 are amended to read as follows:

Chapter 10.08 SPEED LIMITS

10.08.20 Recommendation by engineer.

A. The county engineer, upon finding on the basis of an engineering study and traffic investigation engineering judgment that the maximum speed permitted by state law is greater or less than is reasonable or safe under the conditions found to exist upon any part of a or under county jurisdiction, subject to subsection B of this section, shall approve a reasonable safe and prima facie speed limit at such location. 8f At the county engineer's discretion, the county engineer may alternately recommend to the board of supervisors a reasonable and safe prima facie speed limit at such location based on such engineering study and engineering judgement investigation. The board shall study such recommendations and shall approve, reject or modify them and shall note its action by ordinance.

10.08.030 Effective upon posting.

All speed limits approved by the board of supervisors or county engineer shall take effect when and to the extent that signs are posted on the highways, giving notice of the reasonable and safe prima facie speed limit.

SECTION 3. Pima County Code Chapter 10.12, Sections 10.12.020 and 10.12.030 are amended to read as follows:

Chapter 10.12 TRAFFIC-CONTROL SIGNALS

10.12.020 Recommendation by county engineer-Signal installation and maintenance.

A. The county engineer.i. upon finding on the basis of an engineering study and engineering judgment that a traffic-control signal is reasonably necessary for the protection and convenience of the traveling public of the county, shall approve the

2 of 8 Traffic and Highways Title 10 . traffic~control signal and install and maintain the proper traffic-control signal at the designated location or make a recommendation for the traffic-(;ontrol signal to the board of supervisors, and upor:, approval by the board, shall install and maintain the proper traffic-control signal at the designated location. ·

10.12.030 Effective upon erection.

All traffic-control signal.§ ordinances approved by the board of supervisors or county engineer shall take effect when and to the extent that the proper devices are erected on the roadways.

SECTION 4. Pima County Code Chapter 10.16, Sect.ions 10.16.020 and 10.16.030 are amended to read as follows:

Chapter 10.16 STOP INTERSECTIONS

10.16.020 Recommendation by engineer-Sign maintenance.

The county engineer, upon finding on the basis of an engineering study and engineering judgment that a stop .is reasonably necessary for the protection and convenience of the traveling public of the county, shall approve the stop intersection and install and maintain proper stop signs at one or more entrances to the designated stop intersection. 8f At the county engineer's discretion, the county engineer may alternately make a recommendation for the stop intersection to the board of supervisors, and upon approval by the board, is directed to install and maintain proper stop signs at one or more entrances to the designated stop intersection.

10.16.030 Effective upon posting.

All stop intersection restrictionsordinances approved by the board of supervisors QL county engineer shall take effect when and to the extent that stop signs are posted at the intersections.

SECTION 5. Pima County Code Chapter 10.20, Sections 10.20.020 and 10.20.030 are amended to read as follows:

Chapter 10.20 YIELD CONTROLLED INTERSECTIONS

Traffic and Highways Title 10 10.20.020 Recommendations by engineer-Conventional and intersection installation and maintenance.

The county engineer, upon finding on the basis of an engineering study and engineering judgment that a conventional or roundabout intersection designation is reasonably necessary for the ordinary protection and convenience of the traveling public of the county; shall approve the intersection to be designated as such or, in the county engineer's discretion, make recommendations for the intersection to be designated as such to the board of supervisors.

Upon approval by the board, the county engineer is directed to install and maintain yield signs at one or more entrances to the designated conventional intersection or roundabout intersection. These signs shall be erected, when appropriate, and maintained so as to require the traffic at the designated intersection to yield before entering or crossing the conventional intersection or entering the roundabout.

10.20.030 Effective upon posting or construction.

The conventional intersection (yield signs only) or roundabout intersection (circular intersection geometry and yield signs) restrictionsordinances approved by the board of supervisors or county engineer shall take effect when and to the extent that signs are posted at the intersection listed as provided in this chapter giving notice thereof

SECTION 6. Pima County Code Chapter 10.24, Sections 10.24.020 and 10.24.030 are amended to read as follows:

Chapter 10.24 THROUGH STREETS

10.24.020 Recommendation by engineer-Sign maintenance.

The county engineer, upon finding on the basis of an engineering study and engineering judgement traffic investigation that a through street designation is necessary for the protection and convenience of the traveling public of the county, shall approve the through street or, in the county engineer's discretion, make a recommendation for the through street to the board of supervisors.:. and, uUpon approval, the county engineer will by the board, is directed to install and maintain stop signs or yield signs at all streets whichthat intersect the through street on the course designated in the recommendation, and these signs shall be erected and maintained so as to require the traffic on the intersecting street to stop or yield before entering or crossing the through street.

10.24.030 Effective upon posting.

4 of 8 Traffic and Highways Title 10 All through street ordinancesrestrictions approved by the board of supervisors QL . county engineer shall take effect when and to the extent that stop or yield signs are posted on the intersecting roadways.

SECTION 7. Pima County Code Chapter 10.28, Sections 10.28.020 and 10.28.030. are amended to read as follows:

Chapter 10.28 ONE-WAY STREETS

10.28.020 Recommendation by engineer-Sign maintenance.

The county engineer, upon finding on the basis of an engineering study and engineering judgement that a one-way street designation is reasonably necessary for the protection and convenience of the traveling public of the county, shall approve the one-way street and install and maintain proper one-way signs along the designated roadway or make a recommendation for the one-way street to the board of supervisors and, upon approval by the board, is directed to install and maintain proper one-way signs along the designated roadway.

10.28.030 Effective upon posting.

All one-way street ordinancesdesignations approved by the board of supervisors QL county engineer shall take effect when and to the extent that proper signs are posted on the roadways.

SECTION 8. Pima County Code Chapter 10.32, Sections 10.32.020 and 10.32.030 are amended to read as follows:

Chapter 10.32. TURNING RESTRICTIONS

10.32.020 Recommendation by engineer-Sign maintenance.

The county engineer, upon finding on the basis of an engineering study and engineering judgment that a turning restriction is reasonably necessary for the protection and convenience of the traveling public of the county, shall approve the turning restriction and install and maintain proper markers, buttons or signs along the designated roadway or intersection. At the county engineer's discretion, the county engineer may alternately make a recommendation for the turning restriction to the board

5 of 8 Traffic and Highways Title 10 of supervisors and, upon approval by the board, is directed to install and maintain proper markers, buttons or signs along the designated roadway or intersection.

10.32.030 Effective upon posting.

All turning restriction§ ordinances approved by the board of supervisors or county engineer shall take effect when and to the extent that proper signs, markers or buttons are installed along the designated roadway or intersection.

SECTION 9. Pima County Code Chapter 10.36, is amended to add Section 10.36.120 Recommendation by engineer and 10.36. 130 Effective upon posting and to revise the Chapter title as follows:

Chapter 10.36 OVERSIZE AND OVERWEIGHT SPECIAL PERMITS AND WEIGHT LIMITS Article 1. General Provisions

10.36.120 Recommendation by engineer.

The county engineer. upon finding on the basis of an engineering study and engineering judgment that a weight limit is reasonably necessary on a roadway or parts of a roadway for the protection and convenience of the traveling public of the county, shall approve the weight limit and install and maintain weight limit signs along the designated roadway or parts of a roadway. At the county engineer's discretion,. the county engineer may alternately make a recommendation for the weight limit restrietion to the board of supervisors. and upon approval by the board, shall install and maintain the proper weight limit signs along the designated roadway or parts of a roadway.

10.36.130 Effective upon posting.

All roadway weight limits approved by the board of supervisors or county engineer shall take effect when and to the extent that proper signs are posted on the roadway or parts of a roadway.

SECTION 10. Pima County Code Chapter 10.40, Sections 10.40.010 and 10.40.040 are amended to read as follows:

Chapter 10.40 STOPPING, STANDING AND PARKING RESTRICTIONS

6 of 8 Traffic and Highways Title 10 10.40.010 Purpose.

The board of supervisors or county engineer, upon finding that parking on certain streets and highways within unincorporated areas of the county, except in any incorporated city or tovm or parking in otherv.:ise lavvful situations, is dangerous and a menace to public safety and convenience, the board may prohibit, regulate, restrict and otherwise provide for public safety and convenience by a system of parking and traffic regulations. ·

10.40.040 Recommendation of engineer.

A. The county engineer is authorized to make a study of the condition, width and average traffic load of the principally used streets and thoroughfares within the county, except in any incorporated city or town. The county engineer shall forthwith report to the board in writing his recommendations of restrictions or regulations on parking of motor vehicles thereon, such as will in his opinion facilitate the public convenience and safety. Such ·recommendations in certain streets or parts of streets on which parking may be completely forbidden, forbidden during certain hours or times, permitted on only one side of the street, on which only parallel parking is permitted, or on which any other reasonable prohibition or regulations are made. The county engineer. upon finding on the basis of an engineering study and engineering judgement that a parking restriction is reasonably necessary for the protection and convenience of the traveling public of the county. shall approve the parking restriction. At the county engineer's discretion, the county engineer may alternately make a recommendation for the parking restriction to the board and t+he board shall study such recommendations and may approve, reject or modify them, and it shall note its action by ordinance or resolution.

B. The county engineer is also authorized to make a continuing study of parking problems and other related matters,.:. The county engineer. upon finding on the basis of an engineering study and engineering judgement and he may from time to time recommend to the board that new streets and thoroughfares be restricted or regulated, or he may recommend that the restrictions and regulations applicable to previously designated streets or highways be abolished, modified or otherwise changed-:-, shall approve the parking restriction. At the county engineer's discretion, the county engineer may alternately make a recommendation for the parking restriction to the board. The board shall approve, reject or modify all such recommendations in the manner provided by subsection A of this section, and thereafter such streets or highways shall be subject to the provisions of-this title.

SECTION 11. Pima County Code Chapter 10.46, Sections 10.46.020 and 10.40.030 are amended to read as follows:

7 of 8 Traffic and Highways Title 10 Chapter 10.46 PRIMITIVE ROADS

10.46.020 Recommendation by engineer.

The county engineer, upon determining that a meets the criteria for designation as a primitive road, and that such designation is proper, shall designate the roadway as a primitive road. At the county engineer's discretion, the county engineer alternately may &F make a recommendation for the primitive road designation to the board of supervisors.

10.46.030 Approval by the board of supervisors or county engineer.

The board of supervisors or county engineer may approve the designation of a roadway as a primitive road only if all of the following apply:

1. The road is not a state or ,

2. The road was opened before June 13, 4Q+& 1990, and

3. The road was not constructed in accordance with county standards.

SECTION 12. This Ordinance becomes effective 30 days from the date of adoption.

PASSED AND ADOPTED by the Board of Supervisors, Pima County, Arizona, this 16th day of March , 2021 .

ATTEST: APPROVED AS TO FORM:

Deputy County Attorney

8 of 8 Traffic and Highways Title 10