41-6a-1009. Use of roadway by pedestrians -- Prohibited activities.

820 words·~4 min read·/ut/title-41/chapter-6a/41-6a-1009

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/8/2018

(1)Where there is a sidewalk provided and its use is practicable, a pedestrian may not walk along or on an adjacent roadway.

(2)Where a sidewalk is not provided, a pedestrian walking along or on a highway shall walk only on the shoulder, as far as practicable from the edge of the roadway.

(3)Where a sidewalk or a shoulder is not available, a pedestrian walking along or on a highway shall:

(a)walk as near as practicable to the outside edge of the roadway; and

(b)if on a two-way roadway, walk only on the left side of the roadway facing traffic.

(a)An individual may not impede or block traffic within any of the following:

(i)an interstate system, as defined in Section 72-1-102 ;

(ii)a freeway, as defined in Section 41-6a-102 ;

(iii)a state highway, as defined in Title 72, Chapter 4, Designation of State Highways Act ;

(iv)a state route, or "SR," as defined in Section 72-1-102 ; or

(v)a highway, as defined in Section 72-1-102 , that:

(A)is paved and has a speed limit of 35 miles per hour or higher;

(B)has a median, whether elevated or flat; or

(C)has a fixed guideway as defined in Section 59-12-102 or any other railway that shares the highway right-of-way.

(b)The locations described in Subsection (4)(a) include:

(i)shoulder areas, as defined in Section 41-6a-102 ;

(ii)on-ramps;

(iii)off-ramps; and

(iv)an area between the roadways of a divided highway, as defined in Section 41-6a-102 .

(c)The locations described in Subsection (4)(a) do not include sidewalks, as defined in Section 41-6a-102 .

(d)Conduct that may impede or block traffic includes:

(i)while a pedestrian, accepting, transacting, exchanging, or otherwise taking possession or control of money or property from a person within a motor vehicle while that motor vehicle is within an area described in Subsection (4)(a) ; or

(ii)while a driver or passenger of a motor vehicle within an area described in Subsection (4)(a) , accepting, transacting, exchanging, or otherwise taking possession or control of money or property from a pedestrian.

(e)Conduct that impedes or blocks traffic does not include:

(i)the conduct described in Section 41-6a-209 or other lawful direction of a peace officer;

(ii)conduct or actions resulting from a traffic accident, medical emergency, or similar exigent circumstance, including:

(A)exchanging insurance information; or

(B)exchanging contact information; or

(iii)conduct or actions that occur while the motor vehicle is legally parked.

(f)A county or municipality may adopt a resolution, ordinance, or regulation prohibiting conduct in locations described in Subsections (4)(a) and

(b)within any of the roadways under its jurisdiction.

(i)The state, a county, or a municipality shall create a permitting process for granting a person an exemption from this Subsection

(4).

(ii)Upon receipt of a valid permit application, the state, a county, or a municipality shall grant a person a temporary exemption from this Subsection

(4)for a specified location or time.

(h)Nothing in this section prohibits a temporary spontaneous demonstration.

(5)A pedestrian who is under the influence of alcohol or any drug to a degree which renders the pedestrian a hazard may not walk or be on a highway except on a sidewalk or sidewalk area.

(6)Except as otherwise provided in this chapter, a pedestrian on a roadway shall yield the right-of-way to all vehicles on the roadway.

(7)A pedestrian may not walk along or on a no-access freeway facility except during an emergency.

(a)As used in this Subsection

(8):

(i)"Aggressive manner" means intentionally:

(A)persisting in approaching or following an individual after the individual has negatively responded to the solicitation;

(B)engaging in conduct that would cause a reasonable individual to fear imminent bodily harm;

(C)engaging in conduct that would intimidate a reasonable individual into giving money or goods;

(D)blocking the path of an individual; or

(E)physically contacting an individual or the individual's personal property without that individual's consent.

(ii)"Bank" is as defined in Section 13-42-102 .

(iii)"Sidewalk" is as defined in Section 41-6a-102 .

(b)An individual may not solicit money or goods from another individual in an aggressive manner:

(i)during the business hours of a bank if either the individual soliciting, or the individual being solicited, is on the portion of a sidewalk that is within 10 feet of the bank's entrance or exit; or

(ii)on the portion of a sidewalk that is within 10 feet of an automated teller machine.

(a)Except as provided in Subsection (9)(b) , a violation of this section is an infraction.

(b)A third or subsequent violation of Subsection

(4)in a one-year period is a class C misdemeanor.

Amended by Chapter 122 , 2018 General Session