Assigned to MAPS                                                                                                            AS PASSED BY COW

 


 

 

 


ARIZONA STATE SENATE

Fifty-Sixth Legislature, Second Regular Session

 

AMENDED

FACT SHEET FOR H.B. 2658

 

pedestrians; congregating; medians; unsafe locations

Purpose

Prohibits pedestrians from congregating or soliciting if the pedestrian is: 1) on a painted or raised traffic island or median; 2) on an exit or entrance ramp or roadway of a controlled access highway; or 3) in an intersection where there is not a sidewalk or a safe corridor for pedestrians.

Background

A person commits obstructing a highway or other public thoroughfare if they recklessly interfere with the passage of any highway or public thoroughfare by creating an unreasonable inconvenience or hazard, or by intentionally using a pedestrian signal sign to stop the passage of traffic or to solicit a driver for a donation or business (A.R.S. § 13-2906).

Unless otherwise provided, failure to adhere to state traffic laws is a civil traffic violation, which carries a civil penalty not to exceed $250 (A.R.S. §§ 28-121 and 28-1598). A civil penalty is also subject to various surcharges totaling 78 percent of the base penalty and $44 in additional assessments (A.R.S. Title 12, Chapter 1, Article 1).

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

Provisions

1.   Prohibits pedestrians from congregating or soliciting if the pedestrian is:

a)   on a painted or raised traffic island or median;

b)   on an exit or entrance ramp or roadway of a controlled access highway; or

c)   in an intersection where there is not a sidewalk or a safe corridor for pedestrians.

2.   Stipulates that if a person violates the prohibition on pedestrians congregating on medians or unsafe locations:

a)   for the first violation, a peace officer may not issue a citation and may only issue a warning;

b)   for a second violation, the person is responsible for a civil traffic violation; and

c)   for a third or subsequent violation, the person is guilty of a class 1 misdemeanor.

3.   Becomes effective on the general effective date.

Amendments Adopted by Committee of the Whole

· Specifies that pedestrians are prohibited from congregating or soliciting if the pedestrian is in intersection, rather than an unsafe location, where there is not a sidewalk or a safe corridor for pedestrians.

House Action                                                           Senate Action

TI                    2/7/24        DP       6-3-2-0               MAPS             3/13/24      DP          4-3-0

3rd Read          2/22/24                  35-24-0-0-1

Prepared by Senate Research

March 27, 2024

ZD/KK/cs