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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
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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 [
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; [
40 (iv) a state route, or "SR," as defined in Section 72-1-102[
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 [
53 includes:
54 [
55 [
56 [
57 [
58 [
59 [
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[
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) [
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