A. Unlawful: It shall be unlawful for any person to access, use, occupy, congregate or assemble on or about any median that has been posted with a sign pursuant to this section prohibiting such access, use or occupancy.
B. Determination And Signage:
1. The Traffic Engineer may prohibit pedestrian access to or use or occupancy of any median that is not designed or suitable for pedestrian use, by erecting and posting a sign on such median prohibiting such access, use or occupancy.
2. Signage must be reasonably posted to provide notice but is not required to be visible from every position on the median.
C. Definitions: For purposes of this section:
FLAT: Having a grade of eight percent (8%) or less throughout.
HIGHER SPEED ROADWAY: A roadway with a posted speed limit of thirty (30) miles per hour or greater.
HIGHER VOLUME ROADWAY: A roadway classified as a Freeway, Expressway, Parkway, Principal Arterial, or Minor Arterial on the Colorado Springs major thoroughfare plan.
MEDIAN: The area between two (2) 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 of vehicular movements. Such an area may be physically defined by curbing, landscaping, or other physical obstacles to the area's use by vehicles or by traffic control markings (also known as a painted median).
MEDIAN THAT IS NOT DESIGNED OR SUITABLE FOR PEDESTRIAN USE: Any median that is located on any higher speed and higher volume roadway within the City and that does not possess a flat area of at least four feet (4') in diameter.
D. Affirmative Defenses: It is an affirmative defense to a violation of this section that a person:
1. Obtained a permit or license from the City to access the median.
2. Was authorized by the City or State to access the median for maintenance or repair purposes.
3. Was a local, State or Federal law enforcement officer engaged in the performance of their official duties.
E. Strict Liability: A violation of this section is entirely strict liability in nature. No culpability or mens rea of any type or degree shall be required for a violation of this section. (Ord. 17-6)