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8 LONG TITLE
9 General Description:
10 This bill makes changes to the Pedestrian Safety and Facilities Act.
11 Highlighted Provisions:
12 This bill:
13 ▸ makes changes to include a bicyclist in the provisions of the Pedestrian Safety and
14 Facilities Act; and
15 ▸ adds additional safety measures for pedestrians and bicyclists.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 72-8-102, as last amended by Laws of Utah 2003, Chapter 292
23 72-8-103, as renumbered and amended by Laws of Utah 1998, Chapter 270
24 72-8-104, as renumbered and amended by Laws of Utah 1998, Chapter 270
25 72-8-105, as renumbered and amended by Laws of Utah 1998, Chapter 270
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27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 72-8-102 is amended to read:
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30 72-8-102. Definitions.
31 As used in this chapter:
32 (1) "Construction" means the function of constructing or reconstructing a sidewalk
33 with or without curb and gutter and includes land acquisition and engineering or inspection as
34 defined by the rules and regulations of the department.
35 (2) "Curb and gutter" means the area between the roadway and sidewalk designed for
36 water runoff and providing a barrier for safety of pedestrian and vehicular traffic.
37 (3) "Participating municipality" means a city of the third, fourth, or fifth class or a
38 town.
39 (4) "Pedestrian and bicyclist safety [
40 appurtenant to a roadway designed to foster the safety of pedestrian or bicyclist traffic
41 including sidewalks, curbs, gutters, [
42 lanes, multi-use paths, median islands, curb extensions, barriers, and changes in street
43 alignment.
44 Section 2. Section 72-8-103 is amended to read:
45 72-8-103. Designated county and municipal sidewalks -- Construction on
46 easements granted by transportation department.
47 (1) All sidewalks, including curbs and gutters within the unincorporated areas of a
48 county and within nonparticipating municipalities situated within the county, are designated
49 county sidewalks. All sidewalks within participating municipalities are designated municipal
50 sidewalks.
51 (2) Counties and participating municipalities may construct and maintain curbs,
52 gutters, sidewalks, [
53 portion of state highways upon easements that may be granted by the department. The
54 department shall cooperate with counties and participating municipalities to accomplish
55 pedestrian and bicyclist safety construction and maintenance.
56 (3) A county or municipality may construct and maintain pedestrian and bicyclist safety
57 devices on state highways in compliance with rules made by the department.
58 Section 3. Section 72-8-104 is amended to read:
59 72-8-104. Funding priorities by county and municipality officials -- Factors.
60 (1) A county or municipality may use a portion of [
61 B and C road funds for pedestrian and bicyclist safety devices under this part.
62 (2) The county legislative body of the counties and the governing officials of
63 participating municipalities may establish funding priorities relating to construction of curbs,
64 gutters, sidewalks, or other pedestrian and bicyclist safety construction, with funds permitted to
65 be expended by this part, based on [
66 (a) existing useable rights-of-way;
67 (b) vehicle-pedestrian and vehicle-bicyclist accident experience;
68 (c) average daily vehicle traffic;
69 (d) average daily pedestrian and bicyclist traffic;
70 (e) average daily school age pedestrian and bicyclist traffic; [
71 (f) speed of vehicle traffic[
72 (g) proximity to public transit; and
73 (h) other relevant factors.
74 (3) All construction performed under this part shall be barrier free to wheelchairs at
75 crosswalks and intersections.
76 Section 4. Section 72-8-105 is amended to read:
77 72-8-105. Pedestrian and bicyclist safety to be considered in highway planning.
78 A highway authority shall consider pedestrian and bicyclist safety in all highway
79 engineering and planning where pedestrian or bicyclist traffic may be a significant factor on all
80 projects within the state or any of its political subdivisions.
81 Section 5. Effective date.
82 This bill takes effect on May 1, 2024.