(A) In order to preserve and protect the health, safety, and welfare of all pedestrians, motor vehicle drivers, motor vehicle passengers, and other individuals who utilize the public rights-of-way within the city, it shall be unlawful for any person to access, use, occupy, congregate, or assemble on or about any median that is not designed or suitable for pedestrian use that has been posted with a sign pursuant to this section prohibiting such access, use, or occupancy. The public works director with the approval of the city administrator may prohibit pedestrian access to or use or occupancy upon any median that is not designated or suitable for pedestrian use and shall erect and post signage on such median prohibiting access to or use or occupancy upon such median prior to said act being declared unlawful.
(B) For purposes of this section, the following words and phrases shall have the meanings ascribed to them:
FLAT. Having a maximum difference in cross-sloe of 8.3% or less throughout.
HIGHER SPEED ROADWAY. A roadway with a posted speed limit of 30 miles per hour or greater.
HIGHER VOLUME ROADWAY. A roadway classified as a freeway, expressway, arterial, or collector on the Federal Functional Classifications Map as established by the Metropolitan Area Planning Agency (MAPA).
MEDIAN. The area between two roadways of a divided street or highway measured from the edge of the traveled way to the edge of the traveled way including areas between traffic lanes for control and channelization of vehicular movements. Such an area may be physically defined by curbing, landscaping, or other physical obstacles to the area's use by motor vehicles.
MEDIAN THAT IS NOT DESIGNATED OR SUITABLE FOR PEDESTRIAN USE. Any median within 200 feet of an intersection that is located on any higher speed or higher volume roadway, or any median within 200 feet of any intersection with a higher speed or higher volume roadway, within the city that is six (6) feet or less in width or that does not possess a flat cross-slope area regardless of width.
(C) It is an affirmative defense to a violation of this section that a person:
(1) Was authorized by the city, state, or other political subdivision to access the median for maintenance, repair, or other municipal purposes;
(2) Obtained a permit or license from the city, state, or other political subdivision to access the median to install, repair, maintain, or remove any utility, communication, cable, or other type of infrastructure;
(3) Was a local, state, or federal law enforcement officer or first responder engaged in the performance of an official duty; or
(4) Was crossing the roadway within a marked or unmarked crosswalk and utilized the median as a temporary place of refuge for the exclusive purpose of avoiding moving vehicular traffic upon the roadway.
(Ord. 4039, § 1, passed 7-6-2021)