Section 1105. - Sitting, lying upon or standing in or adjacent to a Roadway.
A. Required horizontal clearance. If the speed limit applicable to adjacent traffic is greater than twenty-five (25) miles per hour, it shall be illegal and an offense for any person to sit, lie upon, stand in or on, or extend any body part or object, or allow any animal under the person's control, into or within eighteen (18) inches of the Roadway, for any period of time longer than is reasonably necessary to cross the Roadway safely.
B. Roadway Medians less than ten (10) feet wide.
1. If the speed limit applicable to adjacent traffic is greater than twenty-five (25) miles per hour, it shall be illegal and an offense for any person to sit, lie upon, or stand in or on any Roadway Median less than ten (10) feet wide for any period of time longer than is reasonably necessary to cross the Roadway safely, except as otherwise authorized by law or expressly permitted and regulated in this subsection.
2. If the speed limit applicable to adjacent traffic is greater than twenty-five (25) miles per hour, a person shall be permitted to sit, lie upon, or stand in or on a Roadway Median less than ten (10) feet wide, only between one-half hour before sunrise and one-half hour after sunset, and only if:
a. The person maintains the horizontal clearance from the Roadway required in Subsection A,
b. The person is at least sixteen (16) years of age, and
c. The person is wearing high-visibility safety apparel that meets the Performance Class 2 or 3 requirements of the American National Standards Institute/International Safety Equipment Association (ANSI/ISEA) 107-2004 publication titled "American National Standard for High-Visibility Apparel and Headwear", is labeled as meeting the ANSI 107-2004 standard performance for Class 2 or 3 risk exposure, and is more particularly described as follows:
1. The apparel background (outer) material color shall be fluorescent orange-red, fluorescent yellow-green, or a combination of the two as defined in the ANSI standard;
2. The retroreflective material shall be orange, yellow, white, silver, yellow-green, or a fluorescent version of these colors, and shall be visible at a minimum distance of one thousand (1,000) feet;
3. The retroreflective safety apparel shall be designed to clearly identify the wearer as a person and shall cover the person's torso at a minimum.
C. Definitions. The following definitions shall apply for the purposes of this section:
1. "Roadway Median" shall mean the reserved area that separates lanes of traffic on divided Roadways; whether curbed, painted, or unmarked; and whether or not the area is elevated above the surface of the Roadway designated for vehicular traffic.
2. "Torso" shall be defined as that part of the human body excluding the arms, legs, neck, and head and which shall include the chest and back of a person.
(Ord. No. 17372; Ord. No. 23721, § 1, 6-28-2017; Ord. No. 24877, § 1, 8-3-2022; Ord. No. 25646, § 1, 8-27-2025)