Cape Coral Code of Ordinances § 12-130 Dangerous use of public rights-of-way.
§ 12-130 - 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 the following:
(1) Stopping, standing or otherwise occupying a median that is not a sufficient pedestrian refuge on an arterial or collector road within the City of Cape Coral 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 consecutive opportunities to cross in accordance with applicable traffic and safety laws is prima facie evidence of a violation of this section.
B. For purposes of this section, a "sufficient pedestrian refuge" shall be defined as a paved or unpaved median separating lanes of traffic, which is at least six feet wide when 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 in or on the travelled portion of an arterial or collector road within the City and is not legally parked.
(3) For purposes of this section, the phrase "public rights-of-way" shall be defined as set forth in F.S. § 334.03(22), 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 while 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 any event, when a permit has been obtained from the City prior to such event, and the use of public roads and rights-of-way are in compliance with any conditions imposed by that permit.
(c) Enforcement and penalties.
(1) The authority to enforce the provisions of this section shall be vested in the Cape Coral Police Department.
(2) Any person who violates any of the provisions of this section shall be subject to a fine in an amount not to exceed $500 or by imprisonment in the county jail for a term not exceeding 60 days, or by both the fine and imprisonment.
(Ord. 54-21, § 1, 6-16-2021)