Kingdom City Standing, Sitting, Laying, or Loitering in or Near Dangerous Intersections ordinance (§ 345.110)

A. Legislative Findings.

1. The intersection of Interstate 70 and U.S. 54 is one of the busiest interchanges in the State, with almost nine thousand (9,000) cars per day on Highway 54 at this location and more than twice that amount on Interstate 70. It is a popular interchange to stop and get gas and food, leading to many turning movements. The shoulders of these roads were not designed for pedestrian traffic, and they provide no sidewalks. At the intersections, the shoulders are narrow with inadequate space for pedestrians to safely sit, stand or loiter.

2. The Board of Trustees finds that persons sitting or standing beside the roadways at the intersection of Interstate 70, or within the paved area of those roadways, or within the medians of those roadways creates a risk to drivers and pedestrians and tends to interfere with traffic moving through that intersection.

3. The purpose of this Section is to protect the safety of pedestrians and vehicles using this interchange.

4. While the purpose of this Section is not to regulate activities protected by the First Amendment, the Board finds that there are adequate other locations outside the regulated zone where First Amendment activities can take place.

B. Definitions.

1. As used in this Chapter, the term "dangerous roadways" shall mean the following:

a. Interstate 70, including all entrance and exit ramps and the shoulders thereof.

b. Highway 54 within one (1) mile of the northern and southern right-of-way of Interstate 70, including all islands, medians, and shoulders thereof.

2. For the purpose of this Section, the term "loiter" shall mean to walk back and forth or in a circle or in a random pattern without proceeding to a point not within a dangerous roadway, on a dangerous roadway for no apparent purpose.

C. Prohibited Conduct. No person shall sit, lay, stand, or loiter on a dangerous roadway. This prohibition shall not be construed to prohibit pedestrians, bicyclists, or operators of similar devices from transiting through a dangerous roadway including stopping for traffic control devices.

D. Penalty. Any person convicted of violating this Section shall be guilty of a municipal offense punishable by a fine of not less than fifty dollars ($50.00).