(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"GORE." A longitudinal point where a physical barrier or the lack of a paved surface inhibits road users from crossing from a ramp or channelized turn lane or channelized entering lane to the adjacent through lane(s) or vice versa.
"HEAVILY TRAVELED ROADWAY." The class of roads in the City of St. Matthews that serve major traffic movements (high-speed, high volume) for travel between major points, which include any roadway listed in division (E) of this section. The St. Matthews Police Department and the St. Matthews Public Works Department have inspected the heavily traveled and congested areas in the city and designated in this section rights-of-way that are heavily traveled and are congested in St. Matthews.
"MEDIAN." The area between two roadways of a divided highway measured from the edge of traveled way to edge of traveled way, which includes median refuge island. The median excludes turn lanes and that portion of a median that contains a sidewalk beyond the marked crosswalk or other legal pedestrian crossing, and which is not a part of a median refuge island. The median width might be different between intersections, interchanges and at opposite approaches of the same intersection.
"MEDIAN REFUGE ISLAND." Protected spaces placed in the center of a Heavily Traveled roadway to facilitate pedestrian crossings which may include a portion for walking or standing on such island while awaiting safe and legal crossing of such roadway.
(B) Prohibited pedestrian activities on heavily traveled roadways, medians and gores.
(1) Pedestrians are prohibited from crossing a heavily traveled roadway at any place except a crosswalk. If there is no crosswalk on a heavily traveled roadway, a pedestrian may cross a heavily traveled roadway only at an intersection in which a traffic control signal or other device is in place. If neither is present, a person may cross a heavily traveled roadway only at an intersection.
(2) Pedestrians are prohibited from standing or being on a median or gore of a heavily traveled roadway unless he or she is in the process of legally crossing a heavily traveled roadway.
(3) No person, other than the occupant of a vehicle shall be on a heavily traveled roadway, unless otherwise provided by law. Pedestrians while upon a heavily traveled roadway, are prohibited from approaching a vehicle operating on such heavily traveled roadway except for the actions contained in division (4).
(4) Divisions (2) and (3) do not apply to:
(a) Any person in a legally parked vehicle at the curb or shoulder;
(b) Any person engaged in law enforcement or rescue activities or with an emergency repair or maintenance of a vehicle;
(c) Any person entering a stopped vehicle as an invited passenger where it is lawful to do so, including accessing taxicabs or public transportation;
(d) Any person working on a heavily traveled roadway with a valid permit; or
(e) Any person in compliance with the provisions of KRS 189.570(21) and the following pedestrian safety measures:
1. Be at least 18 years of age;
2. Persons must wear vests as described by the Manual on Uniform Traffic Devices;
3. Persons must place at least four orange cones per lane utilized with a minimum height of at least 28 inches and be placed at a minimum of 15 feet apart from the closest orange cone;
4. Persons must withdraw from an intersection to a place of safety on a median or on the side of a heavily traveled roadway before the light turns green or as soon as safely possible;
5. Persons must limit solicitation activity to one person for each lane of traffic;
6. Persons must refrain from yelling at or otherwise distracting motorists, and from touching any vehicle; and
7. Persons shall not conduct any solicitation activity before sunrise or after sunset, as published daily by the National Weather Service, or in inclement weather during which wipers or lights are necessary for safe vehicular travel, or in the judgment of any law enforcement officer conducting solicitation activity would constitute a hazard to individuals conducting solicitation activity or to motorists.
(5) The following streets are designated heavily traveled roadways for the purposes of this section:
(a) Shelbyville Road;
(b) Chenoweth Lane;
(c) Frankfort Avenue;
(d) New LaGrange Road;
(e) Westport Road;
(f) Breckenridge Lane;
(g) Dutchman's Lane;
(h) Kresge Way;
(i) Bowling Boulevard;
(j) Hubbards Lane;
(k) Browns Lane;
(l) Dutchman's Parkway;
(m) St. Matthews Avenue;
(n) Willis Avenue;
(o) Thierman Lane;
(p) Washburn Avenue;
(q) Massie Avenue;
(r) Ramps to any interstate highway; and
(s) Ten Pine Lane.
(6) This section also applies to the first 200 feet of any roadway that intersects with a heavily traveled roadway, as measured from the point where the roadway and the heavily traveled roadway intersect.
(C) Penalty.
(1) Any violation of this chapter shall subject the offender to a civil penalty in an amount not less than $20 nor more than $100, each day of violation being considered a separate violation. Such civil penalty may be recovered by the city in a civil action as a debt if the offender has been cited for the ordinance violation. The civil penalty may be used as an alternative to or in conjunction with the criminal penalties authorized in division (C)(2).
(2) Any person receiving a citation for a violation of this chapter shall be deemed to have committed a violation and shall be fined in an amount not less than $20 nor more than $100, each day of violation being considered a separate violation.
(Ord. 19-13, passed 11-12-19; Am. Ord. 21-02, passed 1-12-21)