| (4) |
| (a) |
An individual may not impede or block traffic within any of the following:
| (i) |
an interstate system, as defined in Section 72-1-102; |
| (ii) |
a freeway, as defined in Section 41-6a-102; |
| (iv) |
a state route, or "SR," as defined in Section 72-1-102; or |
| (v) |
a highway, as defined in Section 72-1-102, that:
| (A) |
is paved and has a speed limit of 35 miles per hour or higher; |
| (B) |
has a median, whether elevated or flat; or |
| (C) |
has a fixed guideway as defined in Section 59-12-102 or any other railway that shares the highway right-of-way. |
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| (b) |
The locations described in Subsection (4)(a) include:
| (i) |
shoulder areas, as defined in Section 41-6a-102; |
| (iv) |
an area between the roadways of a divided highway, as defined in Section 41-6a-102. |
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| (c) |
The locations described in Subsection (4)(a) do not include sidewalks, as defined in Section 41-6a-102. |
| (d) |
Conduct that may impede or block traffic includes:
| (i) |
while a pedestrian, accepting, transacting, exchanging, or otherwise taking possession or control of money or property from a person within a motor vehicle while that motor vehicle is within an area described in Subsection (4)(a); or |
| (ii) |
while a driver or passenger of a motor vehicle within an area described in Subsection (4)(a), accepting, transacting, exchanging, or otherwise taking possession or control of money or property from a pedestrian. |
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| (e) |
Conduct that impedes or blocks traffic does not include:
| (i) |
the conduct described in Section 41-6a-209 or other lawful direction of a peace officer; |
| (ii) |
conduct or actions resulting from a traffic accident, medical emergency, or similar exigent circumstance, including:
| (A) |
exchanging insurance information; or |
| (B) |
exchanging contact information; or |
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| (iii) |
conduct or actions that occur while the motor vehicle is legally parked. |
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| (f) |
A county or municipality may adopt a resolution, ordinance, or regulation prohibiting conduct in locations described in Subsections (4)(a) and (b) within any of the roadways under its jurisdiction. |
| (g) |
| (i) |
The state, a county, or a municipality shall create a permitting process for granting a person an exemption from this Subsection (4). |
| (ii) |
Upon receipt of a valid permit application, the state, a county, or a municipality shall grant a person a temporary exemption from this Subsection (4) for a specified location or time. |
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| (h) |
Nothing in this section prohibits a temporary spontaneous demonstration. |
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