Use of roadway by pedestrians -- Prohibited activities.

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  • (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.
  • (4)
    • (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.
    • (g)
      • (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.
  • (8)
    • (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.
  • (9)
    • (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.




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