Terms Used In Utah Code 41-6a-1009

• Divided highway: means a highway divided into two or more roadways by:

  (a)	an unpaved intervening space;

  (b)	a physical barrier; or

  (c)

  a clearly indicated dividing section constructed to impede vehicular traffic. See Utah Code 41-6a-102 Freeway: means a controlled-access highway that is part of the interstate system as defined in Section 72-1-102. See Utah Code 41-6a-102 Highway: means the entire width between property lines of every way or place of any nature when any part of it is open to the use of the public as a matter of right for vehicular travel. See Utah Code 41-6a-102 Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Motor vehicle: means a vehicle that is self-propelled and a vehicle that is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. See Utah Code 41-6a-102 Peace officer: means a peace officer authorized under Title 53, Chapter 13, Peace Officer Classifications, to direct or regulate traffic or to make arrests for violations of traffic laws. See Utah Code 41-6a-102 Pedestrian: means a person traveling: (a)  on foot; or (b)  in a wheelchair. See Utah Code 41-6a-102 Person: means a natural person, firm, copartnership, association, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity. See Utah Code 41-6a-102 Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5 Property: includes both real and personal property. See Utah Code 68-3-12.5 Right-of-way: means the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under circumstances of direction, speed, and proximity that give rise to danger of collision unless one grants precedence to the other. See Utah Code 41-6a-102 Roadway: means that portion of highway improved, designed, or ordinarily used for vehicular travel. See Utah Code 41-6a-102 Sidewalk: means that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians. See Utah Code 41-6a-102 State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5 Traffic: means pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using any highway for the purpose of travel. See Utah Code 41-6a-102 Vehicle: means a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a mobile carrier, as defined in Section 41-6a-1120, or a device used exclusively on stationary rails or tracks. See Utah Code 41-6a-102 (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. Amended by Chapter 122, 2018 General Session   Previous section Next section    Part 10 Contents