Bill Text: OR HB2327 | 2013 | Regular Session | Introduced

---

Bill Title: Relating to narrow residential roadways; declaring an emergency.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2327 Detail]

Download: Oregon-2013-HB2327-Introduced.html

---

     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 1740

                         House Bill 2327

Sponsored by Representative TOMEI, Senator BURDICK; Senators
  JOHNSON, THOMSEN (Presession filed.)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Provides exemption to offense of pedestrian with improper
position upon or improperly proceeding along highway for
pedestrians on narrow residential roadway under certain
circumstances.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to narrow residential roadways; creating new provisions;
  amending ORS 814.070; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 814.070 is amended to read:
  814.070. (1) A pedestrian commits the offense of pedestrian
with improper position upon or improperly proceeding along a
highway if the pedestrian does any of the following:
  (a) Takes a position upon or proceeds along and upon the
roadway where there is an adjacent usable sidewalk or shoulder.
  (b) Does not take a position upon or proceed along and upon the
shoulder, as far as practicable from the roadway edge, on a
highway that has an adjacent shoulder area on one or both sides.
  (c) Except in the case of the divided highway, does not take a
position upon or proceed along and upon the left shoulder and as
far as practicable from the roadway edge on a two-way highway
that has no sidewalk and that does have an adjacent shoulder
area. This paragraph does not apply to:
  (A) A hitchhiker who takes a position upon or proceeds along
and upon the right shoulder so long as the hitchhiker does so
facing the vehicles using the adjacent lane of the roadway; or
  (B) A member of a group that has adopted that section of
highway under the provisions of ORS 366.158 who is obeying the
rules of the Department of Transportation for picking up litter
or removing noxious weeds on either side of the roadway.
  (d) Does not take a position upon or proceed along and upon the
right highway shoulder, as far as practicable from the roadway
edge, on a divided highway that has no sidewalk and does have a
shoulder area. This paragraph does not apply to a member of a
group that has adopted that section of highway under the
provisions of ORS 366.158 who is obeying the rules of the
Department of Transportation for picking up litter or removing
noxious weeds on either side of the roadway.

  (e) Fails to take a position upon or proceed along and upon a
highway that has neither sidewalk nor shoulder available, as near
as practicable to an outside edge of the roadway, and, if the
roadway is a two-way roadway, only on the left side of it.
  (2) This section is subject to the provisions of ORS 814.100.
  (3) A pedestrian does not commit the offense of pedestrian with
improper position upon or improperly proceeding along a highway
if the pedestrian:
  (a) Does not impede traffic or create a traffic hazard;
  (b) Posts advance warning signs in compliance with standards
adopted by the Oregon Transportation Commission under ORS
810.200;
  (c) Wears high-visibility safety apparel in compliance with
standards adopted by the Oregon Transportation Commission under
ORS 810.200; and
  (d) Has a permit or belongs to a group that has a permit issued
under ORS 814.072.
   { +  (4) A pedestrian does not commit the offense of
pedestrian with improper position upon or improperly proceeding
along a highway when the pedestrian is on a narrow residential
roadway if:
  (a) The pedestrian does not create a traffic hazard; and
  (b) Signs are posted giving notice that pedestrians may be
present upon or along the narrow residential roadway. Signs
posted under this paragraph shall be posted at each end of the
portion of the narrow residential roadway where pedestrians may
be present. + }
    { - (4) - }  { +  (5) + } The offense described in this
section, pedestrian with improper position upon or improperly
proceeding along a highway, is a Class D traffic violation.
  SECTION 2.  { + The amendments to ORS 814.070 by section 1 of
this 2013 Act apply to offenses committed on or after the
effective date of this 2013 Act. + }
  SECTION 3.  { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
                         ----------