Pedestrians standing, lying, sitting, or otherwise remaining within a drive-through can distract drivers, place pedestrians in harm's way, and interfere with business operations. Subject to limited exceptions, drive-throughs are intended for vehicular traffic, only, and there is no intended pedestrian use for these areas.
Additionally, individuals in vehicles that are queuing in a drive-through can also be "captive audiences" who cannot easily leave the area in the event of unsafe or criminal activity. When there is a line of vehicles in a drive-through, those vehicles are often boxed-in because each vehicle's ability to exit the drive-through is dependent on the actions of the preceding and following vehicles. This can render such vehicles and the passengers therein vulnerable to unsafe and criminal activity. Foreclosing drive-through areas and the immediately adjacent areas to pedestrians is intended to reduce such risks.
The purpose of this chapter is to protect the safety and welfare of the community, including but not limited to, drivers and pedestrians.
(Ord. 1133, 10/10/2023)
For purposes of this chapter, a "drive-through (retail or service)" means a retail or service business (e.g., an automated teller machine (ATM), bank, pharmacy dispensary, coffee house, fast-food restaurant, etc.) where products or services may be obtained by motorists without leaving their vehicle.
(Ord. 1133, 10/10/2023)
A. 
Pedestrians are prohibited from standing, sitting, lying, or otherwise remaining in a drive-through (retail or service), as defined in Section 10.36.020. To "remain" in a drive-through includes, without limitation, walking in or through a drive-through for any purpose. Notwithstanding the foregoing, this subsection (A) does not apply to any of the following: (1) employees or contractors of the business to which the drive-through is connected; provided that such individuals are acting within the course and scope of their employment; (2) emergency personnel; or (3) city employees or contractors conducting official business.
B. 
Pedestrians are prohibited from standing, sitting, or lying within six feet of any drive-through (retail or service) as defined in Section 10.36.020. Notwithstanding the foregoing, this subsection (B) does not apply to any of the following: (1) employees or contractors of the business to which the drive-through is connected; provided that such individuals are acting within the course and scope of their employment; (2) emergency personnel; (3) city employees or contractors conducting official business; or (4) individuals within a public right-of-way.
(Ord. 1133, 10/10/2023)