Assigned to TAT                                                                                                 AS PASSED BY COMMITTEE

 

 

 

 


ARIZONA STATE SENATE

Fifty-Fifth Legislature, First Regular Session

 

AMENDED

FACT SHEET FOR H.B. 2395

 

parked vehicles blocking sidewalk; prohibition

Purpose

Prohibits a person from parking a vehicle in a private driveway in a manner where any part of the vehicle or vehicle attachment impedes continuous pedestrian use of a sidewalk.

Background

Except if necessary to avoid conflict with other traffic, or if in compliance with the law or in direction of a police officer or traffic control device, a person is prohibited from stopping, standing or parking a vehicle in certain places, including but not limited to: 1) on a sidewalk; 2) in front of a public or private driveway with certain exceptions; 3) on a crosswalk; and 4) within 20 feet of a crosswalk at an intersection (A.R.S. § 28-873).

For the purposes of determining compliance with the Americans with Disabilities Act (ADA), a path of travel includes a continuous, unobstructed way of pedestrian passage by means of which an altered area may be approached, entered and exited and which connects the altered area with an exterior approach, including sidewalks, streets and parking areas, an entrance to the facility and other parts of the facility (28 C.F.R. § 35.151).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1.   Prohibits a person from stopping, standing or parking a vehicle in a private driveway where any part of the vehicle or vehicle attachment, including a hitch or trailer, blocks an area of the sidewalk and impedes continuous pedestrian use of the sidewalk in a manner not consistent with the ADA, unless the vehicle is temporarily parked for the purpose of loading and unloading the vehicle.

2.   Becomes effective on the general effective date.

Amendments Adopted by Committee

· Specifies that a vehicle parked in a private driveway cannot block a sidewalk or impede continuous pedestrian use of the sidewalk with a vehicle attachment unless parked for the purpose of loading and unloading the vehicle.

House Action                                                           Senate Action

TRANS           2/3/21        DP       9-0-1-2               TAT                 3/15/21      DPA     9-0-0

3rd Read          2/11/21                  49-11-0

Prepared by Senate Research

March 17, 2021

ZD/SS/gs/kja