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2018 Utah Code
Title 41 - Motor Vehicles
Chapter 6a - Traffic Code
Part 10 - Pedestrians' Rights and Duties
Section 1009 - Use of roadway by pedestrians -- Prohibited activities.
Universal Citation: UT Code § 41-6a-1009 (2018)
Effective 5/8/2018
41-6a-1009. Use of roadway by pedestrians -- Prohibited activities.
Amended by Chapter 122, 2018 General Session
41-6a-1009. Use of roadway by pedestrians -- Prohibited activities.
- (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.
- (a) An individual may not impede or block traffic within any of the following:
- (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.
- (i) "Aggressive manner" means intentionally:
- (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) As used in this Subsection (8):
- (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.
Amended by Chapter 122, 2018 General Session
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