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6 Cosponsors:
7 Bruce R. Cutler
Susan Pulsipher
Mike Winder
8
9 LONG TITLE
10 General Description:
11 This bill amends provisions relating to conduct that impedes or blocks traffic.
12 Highlighted Provisions:
13 This bill:
14 ▸ amends provisions related to impeding or blocking traffic; and
15 ▸ prohibits the transfer of money or property between a pedestrian and an occupant of
16 a motor vehicle while the motor vehicle is within certain roadways.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 41-6a-1009, as last amended by Laws of Utah 2015, Chapter 412
24
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.
36 (4) (a) An individual may not [
37 block traffic within any of the following:
38 (i) an interstate system, as defined in Section 72-1-102;
39 (ii) a freeway, as defined in Section 41-6a-102;
40 (iii) a state highway, as defined in Title 72, Chapter 4, Designation of State Highways
41 Act; [
42 (iv) a state route, or "SR," as defined in Section 72-1-102[
43 (v) a highway, as defined in Section 72-1-102, that:
44 (A) is paved; and
45 (B) has a speed limit of 35 miles per hour or higher.
46 (b) The locations described in Subsection (4)(a) include:
47 (i) shoulder areas, as defined in Section 41-6a-102;
48 (ii) on-ramps;
49 (iii) off-ramps; and
50 (iv) an area between the roadways of a divided highway, as defined in Section
51 41-6a-102.
52 (c) The locations described in Subsection (4)(a) do not include sidewalks, as defined in
53 Section 41-6a-102.
54 (d) Conduct that [
55 includes:
56 [
57 [
58 [
59 [
60 [
61 [
62 (i) while a pedestrian, accepting, transacting, exchanging, or otherwise taking
63 possession or control of money or property from a person within a motor vehicle while that
64 motor vehicle is within an area described in Subsection (4)(a); or
65 (ii) while a driver or passenger of a motor vehicle within an area described in
66 Subsection (4)(a), accepting, transacting, exchanging, or otherwise taking possession or control
67 of money or property from a pedestrian.
68 (e) Conduct that impedes or blocks traffic does not include:
69 (i) the conduct described in Section 41-6a-209[
70 officer;
71 (ii) conduct or actions resulting from a traffic accident, medical emergency, or similar
72 exigent circumstance, including:
73 (A) exchanging insurance information; or
74 (B) exchanging contact information; or
75 (iii) conduct or actions that occur while the motor vehicle is legally parked.
76 (f) A county or municipality may adopt a resolution, ordinance, or regulation
77 prohibiting conduct in locations described in Subsections (4)(a) and (b) within any of the
78 roadways under its jurisdiction.
79 (g) (i) The state, a county, or a municipality shall create a permitting process for
80 granting a person an exemption from this Subsection (4).
81 (ii) Upon receipt of a valid permit application, the state, a county, or a municipality
82 shall grant a person a temporary exemption from this Subsection (4) for a specified location or
83 time.
84 (h) Nothing in this section prohibits a temporary spontaneous demonstration.
85 (5) A pedestrian who is under the influence of alcohol or any drug to a degree which
86 renders the pedestrian a hazard may not walk or be on a highway except on a sidewalk or
87 sidewalk area.
88 (6) Except as otherwise provided in this chapter, a pedestrian on a roadway shall yield
89 the right-of-way to all vehicles on the roadway.
90 (7) A pedestrian may not walk along or on a no-access freeway facility except during
91 an emergency.
92 (8) (a) As used in this Subsection (8):
93 (i) "Aggressive manner" means intentionally:
94 (A) persisting in approaching or following an individual after the individual has
95 negatively responded to the solicitation;
96 (B) engaging in conduct that would cause a reasonable individual to fear imminent
97 bodily harm;
98 (C) engaging in conduct that would intimidate a reasonable individual into giving
99 money or goods;
100 (D) blocking the path of an individual; or
101 (E) physically contacting an individual or the individual's personal property without
102 that individual's consent.
103 (ii) "Bank" is as defined in Section 13-42-102.
104 (iii) "Sidewalk" is as defined in Section 41-6a-102.
105 (b) An individual may not solicit money or goods from another individual in an
106 aggressive manner:
107 (i) during the business hours of a bank if either the individual soliciting, or the
108 individual being solicited, is on the portion of a sidewalk that is within 10 feet of the bank's
109 entrance or exit; or
110 (ii) on the portion of a sidewalk that is within 10 feet of an automated teller machine.
111 (9) [
112 infraction.
113 (b) A third or subsequent violation of Subsection (4) in a one-year period is a class C
114 misdemeanor.