(a) A person commits an offense if the person stands or walks on a median that measures six feet or less in width, in areas where no median exists for roadways designated as divided roadways, or in an area designated as a clear zone.
(b) For purposes of this section,
(1) CLEAR ZONE means the unobstructed, traversable area provided beyond the edge of the through travelled way for the recovery of errant vehicles. On a curbed street, the clear zone is the area four feet from the face of the curb. On an uncurbed street, the clear zone is 10 feet from the edge of the travel lane. A clear zone includes shoulders, bicycle lanes, and auxiliary lanes, except auxiliary lanes that function like through lanes. However, a clear zone does not include areas adjacent to the back of the curb where a paved sidewalk exists.
(2) MEDIAN means the intervening space, physical barrier, or clearly indicated dividing section between the two roadways of opposing traffic on a public divided roadway.
(3) RAISED SPLITTER ISLAND (also known as separator islands) means a median that slows, directs, and separates conflicting traffic and may provide refuge for pedestrians who are crossing a road.
(4) ROADWAY means streets classified in the city's thoroughfare plan as major/principal or minor arterials, frontage roads or parkways along controlled access freeways and tollways, non-controlled access state roadway facilities and associated intersections with city's major or minor arterials.
(c) This section does not apply if the person:
(1) is crossing a divided roadway in the most direct route possible inclusive of roadways that have provisions for dedicated bicycle lane facilities or curb bump outs;
(2) is the victim of or rendering aid in an emergency situation or in compliance with the directions of a peace officer;
(3) is performing work in the right-of-way in accordance with a permit issued under Chapter 43 of this code;
(4) is erecting or dismantling a barricade in the right-of-way in accordance with a permit issued under Chapter 52 of this code;
(5) has prior authorization from the city or is otherwise in compliance with applicable laws and regulations;
(6) is standing in a raised splitter island that is not less than four feet in width while attempting to cross a divided roadway in the most direct route possible; or
(7) is walking or standing on a paved sidewalk if the sidewalk is adjacent to the back of the curb on a curbed roadway.
(d) This section must be reviewed at least once a year by the city council. (Ord. 32333)