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Wednesday, May 3, 2017

Metro Code: Chapter 12.52 - PEDESTRIANS

  • Nashville is very conflicted about pedestrians right now. There are more of them but, in many areas, there is literally no place designed  for them to be.  Where are the people supposed to walk?  We have sidewalks on 19% of our roadways!  





  • Every city should provide a safe place to walk.   

    I heard Mayor Megan Barry talk at a Civic Design Center event recently and she called for a raise of hands:  'how many people took public transportation, biked or walked this morning?'  Only a smattering of hands went up.  "You are my problem' she said.  This comment has stuck with me and bothered me.  The room was filled with people who want better city design.  Except for downtown and the Gulch, we do not have consistency or connectivity of our walking infrastructure (remember:  19% of our roadways have sidewalks!!!).  The rest of the city, where many of us live, are waiting, waiting, waiting, waiting, waiting.

    The street I have been advocating for, Bowling Av south of West End has a middle school, a large playground, a huge field used for sports, a parking lot where food trucks congregate on the weekends, a bus line, tennis courts, churches, and synagogues.  And yet, 4 years into this project (Sidewalk Project #1), we still wait.  It is shameful.  

    Walking is a basic human right.  I believe providing safe pedestrian infrastructure is a basic civic duty.  It is part of why we pay city taxes.  It is part of why we live in cities.  It is why certain neighborhoods in Nashville are flourishing.    Without sidewalks, we all take a huge risk every time we head out of foot (see the Nashville Pedestrian Death Registry (https://www.nashvillepedestriandeathregistry.org) - we have an inordinate number of pedestrians killed in Nashville compared to our population .  

    Sidewalks are something a mayor can do.  They can decide to fund sidewalks in all of Nashville.   This issue is long overdue.  Mayor Barry, just do it. 


    ***
The Metro Code may answer some questions about pedestrians that seem to be currently in debate on social media.  12.52.020 is particularly interesting in regards to driver responsibilities.  12.52.080 talks a little about where the people are supposed to be.  I am curious that both highway and laned  roadways do not talk about where the pedestrians are to be.



  • 12.52.120 - Driver responsibilities - read below, very interesting
    12.52.080 - Pedestrians on highways - when highway means:
    12.04.120 - Highway.
    "Highway" means the entire width between the boundary lines of every way publicly maintained 
    when any part thereof is open to the use of the public for purposes of vehicular travel.

    vs

    12.04.145 - Laned roadway.
    "Laned roadway" means a roadway which is divided into two or more clearly marked lanes for 
    vehicular traffic.

    Chapter 12.52 - PEDESTRIANS

    Sections:


  • 12.52.010 - Pedestrians to obey traffic regulations and traffic-control devices.
    A.
    A pedestrian shall obey the instructions of any official traffic-control device specifically applicable to him, unless otherwise directed by a police officer.
    B.
    Pedestrians shall be subject to traffic and pedestrian control signals as provided in Section 12.12.090
    C.
    At all other places, pedestrians shall be accorded the privileges and shall be subject to the restrictions stated in this title.
    (Prior code § 27-1-120)

  • 12.52.020 - Pedestrian right-of-way in crosswalks—Driver responsibilities.
    A.
    When traffic-control signals are not in place or not in operation, the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian crossing is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.
    B.
    No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.
    C.
    Subsection A of this section shall not apply under the conditions stated in subsection B of Section 12.12.090
    D.
    Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.
    (Prior code § 27-1-121)

  • 12.52.030 - Use of right half of crosswalk.
    Pedestrians shall move, whenever practicable, upon the right half of crosswalks.
    (Prior code § 27-1-124)

  • 12.52.040 - Crossing where crosswalks not marked.
    A.
    Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.
    B.
    Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the roadway.
    C.
    Between adjacent intersections at which traffic-control signals are in operation, pedestrians shall not cross at any place except in a marked crosswalk.
    D.
    No pedestrian shall cross a roadway intersection diagonally unless authorized by official traffic-control devices and, when authorized to cross diagonally, pedestrians shall cross only in accordance with the official traffic-control devices pertaining to such crossing movements.
    (Prior code § 27-1-122)

  • 12.52.050 - Right-of-way on sidewalks.
    A.
    The driver of a vehicle shall yield the right-of-way to any pedestrian on a sidewalk.
    B.
    Section 12.84.020 sets out the penalty for violation of this section.
    (§ 1 (part) of Amdt. 2 to Ord. 90-1255, 7/17/90; Ord. 90-1255 § 1 (56), 1990; prior code § 27-1-129)

  • 12.52.060 - Pedestrians using white canes or sticks.
    A.
    It is unlawful for any person except persons wholly or partially blind to carry or use on the public streets of the metropolitan government any canes or walking sticks which are white in color with a red end.
    B.
    It is the duty of all drivers of motor vehicles, when approaching a person carrying a cane or walking stick white in color with a red end, to immediately come to a full stop and yield the right-of-way to said person.
    C.
    Section 12.84.020 sets out the penalty for violation of subsection B of this section.
    (§ 1 (part) of Amdt. 2 to Ord. 90-1255, 7/17/90; Ord. 90-1255 § 1 (58), 1990; prior code § 27-1-131.1)

  • 12.52.070 - Blind pedestrians.
    A.
    The driver of a vehicle shall yield the right-of-way to any blind pedestrian carrying a clearly visible white cane or accompanied by a guide dog.
    B.
    Section 12.84.020 sets out the penalty for violation of this section.
    (§ 1 (part) of Amdt. 2 to Ord. 90-1255, 7/17/90; Ord. 90-1255 § 1 (57), 1990; prior code § 27-1-131)

  • 12.52.080 - Pedestrians on highways.
    A.
    Where a sidewalk is provided and its use is practicable, it is unlawful for any pedestrian to walk along and upon an adjacent roadway.
    B.
    Where a sidewalk is not available, any pedestrian walking along and upon a highway shall walk only on a shoulder, as far as practicable from the edge of the roadway.
    C.
    Where neither a sidewalk nor a shoulder is available, any pedestrian walking along and upon a highway shall walk as near as practicable to an outside edge of the roadway and, if on a two-way roadway, shall walk only on the left side of the roadway.
    D.
    Except as otherwise provided in this title, any pedestrian upon a roadway shall yield the right-of-way to all vehicles upon the roadway.
    (Prior code § 27-1-125)

  • 12.52.090 - Pedestrians to yield to authorized emergency vehicles.
    A.
    Upon the immediate approach of an authorized emergency vehicle making use of an audible signal and/or visual signals or of a police vehicle properly and lawfully making use of an audible signal only, every pedestrian shall yield the right-of-way to the authorized emergency vehicle.
    B.
    This section shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway, nor from the duty to exercise due care to avoid colliding with any pedestrian.
    (Prior code § 27-1-130)

  • 12.52.100 - Obedience to railroad signals.
    No pedestrian shall pass through, around, over or under any crossing gate or barrier at a railroad crossing while such gate or barrier is closed or is being opened or closed.
    (Prior code § 27-1-128)

  • 12.52.110 - Crossing in front of vehicles stopped to discharge passengers.
    No person shall cross any street within ten feet of the front of any vehicle which has stopped momentarily to load or discharge passengers, except in compliance with the direction of a police officer or a traffic signal.
    (Prior code § 27-1-127)

  • 12.52.120 - Driver responsibilities.
    A.
    Notwithstanding other provisions of this title, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any obviously confused or incapacitated person upon a roadway.
    B.
    Section 12.84.020 sets out the penalty for violation of this section.
    (§ 1 (part) of Amdt. 2 to Ord. 90-1255, 7/17/90; Ord. 90-1255 § 1 (55), 1990; prior code § 27-1-123)

  • 12.52.130 - Soliciting rides or business prohibited.
    A.
    No person shall stand in a roadway for the purpose of soliciting a ride.
    B.
    No person shall stand on a highway, roadway, or public street or alley for the purpose of soliciting employment, business or contributions from the occupant of any vehicle.
    C.
    No person shall stand on or in proximity to a street or highway for the purpose of soliciting the watching or guarding of any vehicle while parked or about to be parked on a street or highway.
    (Prior code § 27-1-126)

  • 12.52.140 - Pedestrians under the influence of alcohol or drugs.
    It is unlawful for a pedestrian who is under the influence of alcohol or any drug to a degree which renders himself a hazard to walk or be upon a highway except on a sidewalk.
    (Prior code § 27-1-132)

  • 12.52.150 - Use of motorized wheelchairs.
    Persons with a mobility impairment operating a motorized wheelchair or similar vehicle not exceeding one thousand pounds gross weight are subject to all regulations, and privileges, provided by this chapter to any other pedestrian.
    (Ord. BL2007-1308 § 1, 2007)

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