ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
pedestrians; congregating; medians; unsafe locations
Purpose
Prohibits a pedestrian from congregating or engaging in solicitation on a traffic island or median, on a highway ramp or in an unsafe location and prescribes penalties for violations.
Background
A person commits obstructing a highway or other
public thoroughfare, if the person:
1) recklessly interferes with the passage of any highway or public thoroughfare
by creating an unreasonable inconvenience or hazard; 2) 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 or
hearing or a political campaign event; or 3) intentionally uses a pedestrian
signal sign to stop traffic and solicit a driver for donations or business
which is a class 3 misdemeanor (A.R.S.
§ 13-2906).
A class 1 misdemeanor carries a presumptive sentence of six months in jail and up to $2,500 in fines and a class 3 misdemeanor carries a presumptive sentence of one month in jail and up to $500 in fines (A.R.S. §§ 13-707 and 13-802). Unless otherwise provided, failure to adhere to state traffic laws constitutes a civil traffic violation which carries a civil penalty of up to $250 (A.R.S. §§ 28-121 and 28-1598).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
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 a roadway of a controlled access highway; or
c) in an unsafe location where there is not a sidewalk or safe corridor for pedestrians.
2. Stipulates that if a person violates the prohibition:
a) for the first violation, a peace officer may issue only 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.
House Action
RO 2/4/25 DP 3-2-0-0
3rd Read 2/17/25 33-26-1
Prepared by Senate Research
March 3, 2025
KJA/AG/slp