ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

House: RO DP 3-2-0-0


HB 2684: pedestrians; congregating; medians; unsafe locations

Sponsor: Representative Chaplik, LD 3

Caucus & COW

Overview

Prohibits a pedestrian from congregating or engaging in solicitation if they are on a painted or raised traffic median or island, on an exit or entrance ramp or roadway of a controlled access highway or in an unsafe location where there is no sidewalk or safe corridor for pedestrians.

History

A person commits obstructing a highway or other public thoroughfare if the person, alone or with others:

1)   having no legal privilege to do so, recklessly interferes with the passage of any highway or public thoroughfare by creating an unreasonable inconvenience or hazard. A person guilty of this is responsible for a class 2 misdemeanor and for a second or subsequent violation within 24 months a class 1 misdemeanor;

2)   intentionally activates a pedestrian signal on a highway or public thoroughfare if their reason for activating the signal is not the cross the highway or thoroughfare but to stop the passage of traffic and solicit a driver for a donation or business. A person guilty of this is responsible for a class 3 misdemeanor; or

3)   after receiving a verbal warning to desist, intentionally interferes with passage on a highway or other public thoroughfare or entrance into a public forum that results in preventing other persons from gaining access to a governmental meeting, hearing or a political campaign event. A person guilty of this is responsible for a class 1 misdemeanor (A.R.S. ยง 13-2906).

A similar bill was introduced in the 56th Legislature, 2nd Regular Session and was vetoed by the Governor (HB 2658 pedestrians; congregating; medians; intersections).

Provisions

1.   Prohibits a pedestrian from congregating or engaging in solicitation 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 unsafe location where there is not a sidewalk or a safe corridor for pedestrians. (Sec. 1)

2.   States that if a person violates these requirements:

a)   for the first violation, a peace office 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. (Sec.1)

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