Section 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;(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.Amended by Chapter 122, 2018 General Session ,§ 2, eff. 5/8/2018.Amended by Chapter 69, 2017 General Session ,§ 1, eff. 5/9/2017.Amended by Chapter 412, 2015 General Session ,§ 75, eff. 5/12/2015.Amended by Chapter 306, 2014 General Session ,§ 1, eff. 5/13/2014.Amended by Chapter 159, 2011 General Session