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    Dangerous Use of Public Rights of Way

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    Olivia Hyde
    This document defines and prohibits dangerous uses of public rights-of-way in Lee County, Florida. Specifically, it bans (1) occupying medians that are not sufficient pedestrian refuges, (2) physical interactions between pedestrians and vehicle occupants, while exempting lawful activities like emergency response, transit, and permitted special events. Violations are subject to a $500 fine or 60 days in jail.

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    Dangerous Use of Public Rights of Way

    Uploaded by

    Olivia Hyde
    13K views1 page
    This document defines and prohibits dangerous uses of public rights-of-way in Lee County, Florida. Specifically, it bans (1) occupying medians that are not sufficient pedestrian refuges, (2) physical interactions between pedestrians and vehicle occupants, while exempting lawful activities like emergency response, transit, and permitted special events. Violations are subject to a $500 fine or 60 days in jail.

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    Lee County Southwest Florida - Dangerous Use of Public Rights of Way

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    This document defines and prohibits dangerous uses of public rights-of-way in Lee County, Florida. Specifically, it bans (1) occupying medians that are not sufficient pedestrian refuges, (2) physical interactions between pedestrians and vehicle occupants, while exempting lawful activities like emergency response, transit, and permitted special events. Violations are subject to a $500 fine or 60 days in jail.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    13K views1 page

    Dangerous Use of Public Rights of Way

    Uploaded by

    Olivia Hyde
    This document defines and prohibits dangerous uses of public rights-of-way in Lee County, Florida. Specifically, it bans (1) occupying medians that are not sufficient pedestrian refuges, (2) physical interactions between pedestrians and vehicle occupants, while exempting lawful activities like emergency response, transit, and permitted special events. Violations are subject to a $500 fine or 60 days in jail.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Sec. 28-123.

     Dangerous use of public rights-of-way.


    (a) Except as provided herein, or as otherwise permitted by law, it is unlawful to make any use of the public
    rights-of-way in a manner that interferes with the safe and efficient movement of people and property from
    place to place on a public road or right-of-way. Such prohibited activity includes by way of example and not
    limitation:
    (1) Stopping, standing or otherwise occupying a median that is not a sufficient pedestrian refuge on an
    arterial or collector road within unincorporated Lee County by a pedestrian when that pedestrian is not
    in the process of lawfully crossing the road in accordance with applicable traffic and safety laws.
    a. Stopping, standing or otherwise occupying a median that is not a sufficient pedestrian refuge
    through two (2) consecutive opportunities to cross in accordance with applicable traffic and
    safety laws is prima facie evidence of a violation of this subsection.
    b. A "sufficient pedestrian refuse" is defined as a paved or unpaved median separating lanes of
    traffic that is at least six (6) feet wide, measured from back of curb to back of curb.
    (2) Engaging in any physical interaction between a pedestrian and an occupant of a motor vehicle,
    including the transfer of any product or material, while the motor vehicle is located on the travelled
    portion of an arterial or collector road within unincorporated Lee County and is not legally parked.
    (3) For the purpose of this article the phrase "public rights-of-way" shall be defined as set forth in F.S.
    (2020) § 334.03(22) and as may be amended.
    (b) Nothing in this section shall prohibit the following:
    (1) Law enforcement, fire and rescue, or other government employees or contractors acting within the
    scope of their lawful authority;
    (2) A person conducting inspection, construction, maintenance, repair, survey, or other legally authorized
    services;
    (3) A person responding to lend aid during an emergency situation;
    (4) Entering or exiting a bus or other public transit system;
    (5) Use of public roads and rights-of-way that have been closed to vehicular traffic for a special event
    permitted by the appropriate governmental entity.
    (Ord. No. 21-04, § 4, 4-20-2021)

    Created: 2021-07-15 12:30:09 [EST]

    (Supp. No. 153)

    Page 1 of 1

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