A. Legislative Findings; Purpose: The Ogden City council makes the following findings:
1. There is a significant risk of severe injury and death to pedestrians who are struck by moving vehicles.
2. There is a significant risk of injury to vehicle occupants as a result of pedestrian-vehicle accidents and chain reaction accidents with other vehicles.
3. There is a significant risk of traffic disruption as a result of pedestrian-vehicle accidents and chain reaction accidents between vehicles.
4. It is in the best interest of the health and safety of the citizens of Ogden to minimize the potential contact between pedestrians and vehicles on certain roadways where higher speeds or multiple lanes of traffic are desired to promote efficient vehicle travel.
5. The purpose of this section is to address concerns regarding the safety of pedestrians and vehicle occupants and prohibit individuals from engaging in conduct that impedes or blocks traffic within certain high traffic roadways.
B. Definitions: For purposes of this section the following terms shall have the following meanings:
DRIVEWAY APPROACH: That portion of a driveway contained within the public right of way that provides direct access to a high traffic roadway.
HIGH TRAFFIC ROADWAY: For any road with two (2) or more lanes of traffic in the same direction, including those portions of a road where markings show more than one lane at an intersection, or with a speed limit at or above thirty five (35) miles per hour, means that portion of road improved, designed, or ordinarily used for vehicular travel.
LEGALLY PARKED: A vehicle that is standing, stopped, or otherwise appropriately parked in an area designated or legally authorized for parking.
SHOULDER AREA: That portion of road contiguous to the roadway, including gutters, for accommodation of stopped vehicles, for emergency use, and for lateral support.
SIDEWALK: That portion of road between the curb lines and the adjacent property lines intended for the use of pedestrians; or, where there is no curb, that portion of road between the shoulder and adjacent property lines intended for the use of pedestrians, except for that portion of a sidewalk extending into a driveway approach.
C. Prohibited Acts:
1. It shall be unlawful for any person:
a. While a pedestrian, to engage in conduct that impedes or blocks traffic within a high traffic roadway, including shoulder areas and driveway approaches, other than sidewalks. Conduct that impedes or blocks traffic includes: loitering; demonstrating or picketing; distributing materials; gathering signatures; holding signs; or soliciting rides, contributions or other business.
b. While a pedestrian, to enter a high traffic roadway, including lanes of travel, shoulder areas and driveway approaches, to give, receive, exchange, or otherwise take or relinquish possession or control of goods, services, printed material, or money.
c. While a driver or passenger in a motor vehicle on a high traffic roadway, including lanes of travel, shoulder areas and driveway approaches, to give, receive, exchange, or otherwise take or relinquish possession or control of goods, services, printed material, or money to or from a pedestrian.
2. Notwithstanding anything to the contrary in this section, the conduct proscribed by this section shall not be unlawful if:
a. Such conduct is required as a result of a traffic accident, medical emergency, or similar exigent circumstances.
b. Such conduct is directed by a police officer or authorized traffic controller in the course of their official duties.
c. Such conduct is undertaken after the motor vehicle has been legally parked.
3. Nothing in this section shall be construed to prohibit a temporary, spontaneous demonstration that takes place outside the high traffic roadway, shoulder area or driveway approach, or an activity authorized pursuant to title 6, chapter 5 of this code, setting forth a permitting process for special events.
D. Constitutionally Protected Activity: This section should be held inapplicable in any such cases where its application would be unconstitutional under the constitution of the state of Utah or the constitution of the United States Of America.
E. Severance Clause: If any subsection, subdivision, paragraph, sentence, clause or phrase of this section is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity of effectiveness of the remaining portions of this section. The city council hereby declares that it would have passed each subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional, invalid or ineffective.
F. Violation; Penalty: A violation of this section is a class C misdemeanor, subject to the penalties provided under title 1, chapter 4 of this code.
(Ord. 2014-33, 7-29-2014)