1     
PEDESTRIAN SAFETY AMENDMENTS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Steve Eliason

5     
Senate Sponsor: Curtis S. Bramble

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions relating to conduct that impedes or blocks traffic.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends provisions related to impeding or blocking traffic; and
13          ▸     prohibits the transfer of money or property between a pedestrian and an occupant of
14     a motor vehicle while the motor vehicle is within certain roadways.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          41-6a-1009, as last amended by Laws of Utah 2015, Chapter 412
22     

23     Be it enacted by the Legislature of the state of Utah:
24          Section 1. Section 41-6a-1009 is amended to read:
25          41-6a-1009. Use of roadway by pedestrians -- Prohibited activities.
26          (1) Where there is a sidewalk provided and its use is practicable, a pedestrian may not
27     walk along or on an adjacent roadway.

28          (2) Where a sidewalk is not provided, a pedestrian walking along or on a highway shall
29     walk only on the shoulder, as far as practicable from the edge of the roadway.
30          (3) Where a sidewalk or a shoulder is not available, a pedestrian walking along or on a
31     highway shall:
32          (a) walk as near as practicable to the outside edge of the roadway; and
33          (b) if on a two-way roadway, walk only on the left side of the roadway facing traffic.
34          (4) (a) An individual may not [engage in conduct that impedes or blocks] impede or
35     block traffic within any of the following:
36          (i) an interstate system, as defined in Section 72-1-102;
37          (ii) a freeway, as defined in Section 41-6a-102;
38          (iii) a state highway, as defined in Title 72, Chapter 4, Designation of State Highways
39     Act; [or]
40          (iv) a state route, or "SR," as defined in Section 72-1-102[.]; or
41          (v) a highway, as defined in Section 72-1-102, that:
42          (A) is paved; and
43          (B) has a speed limit of 35 miles per hour or higher.
44          (b) The locations described in Subsection (4)(a) include:
45          (i) shoulder areas, as defined in Section 41-6a-102;
46          (ii) on-ramps;
47          (iii) off-ramps; and
48          (iv) an area between the roadways of a divided highway, as defined in Section
49     41-6a-102.
50          (c) The locations described in Subsection (4)(a) do not include sidewalks, as defined in
51     Section 41-6a-102.
52          (d) Conduct that [impedes or blocks traffic may include] may impede or block traffic
53     includes:
54          [(i) loitering;]
55          [(ii) demonstrating or picketing;]
56          [(iii) distributing materials;]
57          [(iv) gathering signatures;]
58          [(v) holding signs; or]

59          [(vi) soliciting rides, contributions, or other business.]
60          (i) while a pedestrian, accepting, transacting, exchanging, or otherwise taking
61     possession or control of money or property from a person within a motor vehicle while that
62     motor vehicle is within an area described in Subsection (4)(a); or
63          (ii) while a driver or passenger of a motor vehicle within an area described in
64     Subsection (4)(a), accepting, transacting, exchanging, or otherwise taking possession or control
65     of money or property from a pedestrian.
66          (e) Conduct that impedes or blocks traffic does not include:
67          (i) the conduct described in Section 41-6a-209[.] or other lawful direction of a peace
68     officer;
69          (ii) conduct or actions resulting from a traffic accident, medical emergency, or similar
70     exigent circumstance, including:
71          (A) exchanging insurance information; or
72          (B) exchanging contact information; or
73          (iii) conduct or actions that occur while the motor vehicle is legally parked.
74          (f) A county or municipality may adopt a resolution, ordinance, or regulation
75     prohibiting conduct in locations described in Subsections (4)(a) and (b) within any of the
76     roadways under its jurisdiction.
77          (g) (i) The state, a county, or a municipality shall create a permitting process for
78     granting a person an exemption from this Subsection (4).
79          (ii) Upon receipt of a valid permit application, the state, a county, or a municipality
80     shall grant a person a temporary exemption from this Subsection (4) for a specified location or
81     time.
82          (h) Nothing in this section prohibits a temporary spontaneous demonstration.
83          (5) A pedestrian who is under the influence of alcohol or any drug to a degree which
84     renders the pedestrian a hazard may not walk or be on a highway except on a sidewalk or
85     sidewalk area.
86          (6) Except as otherwise provided in this chapter, a pedestrian on a roadway shall yield
87     the right-of-way to all vehicles on the roadway.
88          (7) A pedestrian may not walk along or on a no-access freeway facility except during
89     an emergency.

90          (8) (a) As used in this Subsection (8):
91          (i) "Aggressive manner" means intentionally:
92          (A) persisting in approaching or following an individual after the individual has
93     negatively responded to the solicitation;
94          (B) engaging in conduct that would cause a reasonable individual to fear imminent
95     bodily harm;
96          (C) engaging in conduct that would intimidate a reasonable individual into giving
97     money or goods;
98          (D) blocking the path of an individual; or
99          (E) physically contacting an individual or the individual's personal property without
100     that individual's consent.
101          (ii) "Bank" is as defined in Section 13-42-102.
102          (iii) "Sidewalk" is as defined in Section 41-6a-102.
103          (b) An individual may not solicit money or goods from another individual in an
104     aggressive manner:
105          (i) during the business hours of a bank if either the individual soliciting, or the
106     individual being solicited, is on the portion of a sidewalk that is within 10 feet of the bank's
107     entrance or exit; or
108          (ii) on the portion of a sidewalk that is within 10 feet of an automated teller machine.
109          (9) [A] (a) Except as provided in Subsection (9)(b), a violation of this section is an
110     infraction.
111          (b) A third or subsequent violation of Subsection (4) in a one-year period is a class C
112     misdemeanor.






Legislative Review Note
Office of Legislative Research and General Counsel