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§ 8-2-7-2 OCCUPYING ROADWAYS, CERTAIN MEDIANS PROHIBITED.
   (A)   It is unlawful for any person to stand in any travel lane of a street, highway, or controlled access roadway or in any travel lane of the exit or entrance ramps thereto, or to otherwise enter a travel lane of a street, highway, or controlled access roadway or in any travel lane of the exit or entrance ramps thereto, except for the purpose of legally crossing;
   (B)   It is unlawful for any person to access, use, occupy, congregate or assemble on any median that is located on any roadway with a posted speed limit of 30 miles per hour or greater and that does not possess a flat area of at least four feet in diameter.
   (C)   Nothing herein shall be construed as preventing maintenance, repair or construction activities within medians or roadside areas by public agencies or agents thereof, including law enforcement officers engaged in the performance of their official duties, entering or exiting a bus or other form of public transit at authorized pick up and drop off locations, or as preventing physical interactions or exchanges between pedestrians and occupants of vehicles where the vehicle is lawfully stopped or pulled over outside of a travel lane, or parked at a location where on-street parking is permitted.
   (D)   A person who violates this provision shall be guilty of a petty misdemeanor and is subject to a fine of up to $100; provided, however, that:
      (1)   When appropriate, the Albuquerque Community Safety Department shall respond to a report of a person violating this provision; and
      (2)   The penalties set forth in § 12-1-99 shall apply for a violation of this section; provided, however, that a law enforcement officer shall first verify that a written warning has been issued, otherwise, the officer shall issue a Criminal Trespass Notification to a person for violating this section prior to the issuing of a citation or conducting an arrest. However, in the event of an immediate danger, a verbal warning prior to a citation or arrest is permitted.
('74 Code, § 9-5-14.2) (Ord. 65-1974; Am. Ord. 2017-028; Am. Ord. 2019-017; Am. Ord. 2022-038)