H.B. 101 Enrolled
7 LONG TITLE
8 General Description:
9 This bill amends provisions relating to safety on roadways and sidewalks.
10 Highlighted Provisions:
11 This bill:
12 . prohibits individuals from engaging in conduct that impedes or blocks traffic within
13 certain roadways; and
14 . prohibits individuals from soliciting money or goods in an aggressive manner on
15 sidewalks within 10 feet of the entrance or exit of a bank or an automated teller
17 Money Appropriated in this Bill:
19 Other Special Clauses:
21 Utah Code Sections Affected:
23 41-6a-1009 , as last amended by Laws of Utah 2011, Chapter 159
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 41-6a-1009 is amended to read:
27 41-6a-1009. Use of roadway by pedestrians -- Prohibited activities.
28 (1) Where there is a sidewalk provided and its use is practicable, a pedestrian may not
29 walk along or on an adjacent roadway.
30 (2) Where a sidewalk is not provided, a pedestrian walking along or on a highway shall
31 walk only on the shoulder, as far as practicable from the edge of the roadway.
32 (3) Where a sidewalk or a shoulder is not available, a pedestrian walking along or on a
33 highway shall:
34 (a) walk as near as practicable to the outside edge of the roadway; and
35 (b) if on a two-way roadway, walk only on the left side of the roadway facing traffic.
43 (4) (a) An individual may not engage in conduct that impedes or blocks traffic within
44 any of the following:
45 (i) an interstate system, as defined in Section 72-1-102 ;
46 (ii) a freeway, as defined in Section 41-6a-102 ;
47 (iii) a state highway, as defined in Title 72, Chapter 4, Designation of State Highways
48 Act; or
49 (iv) a state route, or "SR," as defined in Section 72-1-102 .
50 (b) The locations described in Subsection (4)(a) include:
51 (i) shoulder areas, as defined in Section 41-6a-102 ;
52 (ii) on-ramps;
53 (iii) off-ramps; and
54 (iv) an area between the roadways of a divided highway, as defined in Section
55 41-6a-102 .
56 (c) The locations described in Subsection (4)(a) do not include sidewalks, as defined in
57 Section 41-6a-102 .
58 (d) Conduct that impedes or blocks traffic may include:
59 (i) loitering;
60 (ii) demonstrating or picketing;
61 (iii) distributing materials;
62 (iv) gathering signatures;
63 (v) holding signs; or
64 (vi) soliciting rides, contributions, or other business.
65 (e) Conduct that impedes or blocks traffic does not include the conduct described in
66 Section 41-6a-209 .
67 (f) A county or municipality may adopt a resolution, ordinance, or regulation
68 prohibiting conduct in locations described in Subsections (4)(a) and (b) within any of the
69 roadways under its jurisdiction.
70 (g) (i) The state, a county, or a municipality shall create a permitting process for
71 granting a person an exemption from this Subsection (4).
72 (ii) Upon receipt of a valid permit application, the state, a county, or a municipality
73 shall grant a person a temporary exemption from this Subsection (4) for a specified location or
75 (h) Nothing in this section prohibits a temporary spontaneous demonstration.
76 (5) A pedestrian who is under the influence of alcohol or any drug to a degree which
77 renders the pedestrian a hazard may not walk or be on a highway except on a sidewalk or
78 sidewalk area.
79 (6) Except as otherwise provided in this chapter, a pedestrian on a roadway shall yield
80 the right-of-way to all vehicles on the roadway.
81 (7) A pedestrian may not walk along or on a no-access freeway facility except during
82 an emergency.
83 (8) (a) As used in this Subsection (8):
84 (i) "Aggressive manner" means intentionally:
85 (A) persisting in approaching or following an individual after the individual has
86 negatively responded to the solicitation;
87 (B) engaging in conduct that would cause a reasonable individual to fear imminent
88 bodily harm;
89 (C) engaging in conduct that would intimidate a reasonable individual into giving
90 money or goods;
91 (D) blocking the path of an individual; or
92 (E) physically contacting an individual or the individual's personal property without
93 that individual's consent.
94 (ii) "Bank" is as defined in Section 13-42-102 .
95 (iii) "Sidewalk" is as defined in Section 41-6a-102 .
96 (b) An individual may not solicit money or goods from another individual in an
97 aggressive manner:
98 (i) during the business hours of a bank if either the individual soliciting, or the
99 individual being solicited, is on the portion of a sidewalk that is within 10 feet of the bank's
100 entrance or exit; or
101 (ii) on the portion of a sidewalk that is within 10 feet of an automated teller machine.
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