Article 4. Pedestrians
12.4.1. Preamble.
Whereas, pedestrians are increasingly using roadways in ways for which roadways were not designed or intended. These uses include pedestrians distracting drivers from the task of driving by approaching a stopped vehicle, attracting and/or attempting to attract the attention of the driver of a motor vehicle for the purpose of inducing that driver to slow or stop the vehicle to facilitate the transfer of anything of value from the driver or occupant of the vehicle to the pedestrian or the transfer of anything of value by the pedestrian to the driver or passenger, and staying upon medians and/or in the public right of way for purposes other than crossing the road. These activities are hazardous to public safety, both for occupants of motor vehicles and for pedestrians. This article is narrowly tailored to decrease the safety hazards by restricting such activities.
Whereas, the City enacts this article to assure the free, orderly, undisrupted movement of motor vehicles on roadways, provide for the safety and interests of pedestrians and of occupants of motor vehicles located on roadways, reduce the number of pedestrian and motor vehicle collisions occurring within the City, and serve the significant interest of promoting and protecting the public health, safety, and general welfare of the citizens of the City of Bel Aire.
(Ord. 737)
12.4.2. Entering or staying upon a designated roadway or impeding the flow of traffic is prohibited.
A. It shall be unlawful for any person to go upon any designated roadway and enter onto such roadway or approach a vehicle stopped on the roadway or at an intersection for the purpose of inducing the driver of the motor vehicle to remain stopped, slow or stop the vehicle to facilitate a transfer of anything from the driver or occupant of the vehicle to the pedestrian or the transfer of anything by the pedestrian to the driver or occupant.
B. Except in an emergency, it shall be unlawful for any person to be upon a public roadway to impede or disrupt the flow of traffic, or act in any manner that tends to impede or disrupt the flow of traffic, whether or not such traffic is actually present.
1. For purposes of this article, an act “tends to impede or disrupt the flow of traffic” if a pedestrian’s presence or action creates a dangerous condition upon the roadway or otherwise interrupts the free flow of vehicles and/or pedestrians, except as already permitted upon areas designated for pedestrian crossing.
C. No person, parent or legal guardian shall knowingly allow or permit an individual under the age of eighteen years of age to violate the provisions of Subsections A or B.
D. No person shall activate a pedestrian crosswalk signal for any purpose other than to stop traffic to allow such person and other persons to cross the roadway.
E. It is prima facie evidence of a violation of Subsection D if the person stays at the intersection through two consecutive opportunities to legally cross the roadway. This may include a change in the traffic control signal or lack of traffic. After two such consecutive opportunities, such person shall not be considered to be “using the crosswalk” for purposes of the exceptions set forth below.
F. No driver or operator of a motor vehicle shall park, stop or leave standing a vehicle on a designated roadway or suddenly decrease the speed of such vehicle or deviate from a traffic lane for the purpose of responding to persons violating Subsections A or B.
(Ord. 737)
12.4.3. Exceptions.
A. The provisions of this article shall not apply to the following:
1. Persons in or upon public or private parking lots, alleys or private roads;
2. Persons using a crosswalk to cross the roadway;
3. Persons engaged in law enforcement, emergency or rescue activities, including providing assistance to an injured or disabled vehicle or person;
4. Persons entering a vehicle as an invited passenger where it is lawful to do so;
5. Persons engaged in the repair or maintenance activities of the highway under the direction of the City of Bel Aire or State of Kansas;
6. Streets or portions thereof that have been closed pursuant to express authorization from the City to include but not limited to: events and special events pursuant to Chapter 4 of the Code of the City of Bel Aire; and
7. Persons entering the roadway for the purpose of conducting business with an ice cream vendor properly licensed pursuant to Chapter 3 of the Code of the City of Bel Aire.
(Ord. 737)
12.4.4. Penalty.
A. A violation of this article is a traffic infraction. Individuals who are fourteen years or older may be charged with violation of this article.
B. This article shall be supplemental to the then effective edition of the Standard Traffic Ordinance, as the same shall from time to time be incorporated into the Code by reference.
(Ord. 737)
12.4.5. Severability.
A. If any Section, Subsection or Clause of this article shall be deemed unconstitutional or otherwise invalid, the validity of the remaining sections, subsections, and clauses shall not be affected.
(Ord. 737)