Cycling, traffic safety and legal topics; energy, transit and transportion economics
RSS icon Home icon
  • Jaywalking in Arizona

    Posted on November 7th, 2009 azbikelaw No comments

    peds not welcome

    Tom Vanderbuilt’s latest Slate column discusses jaywalking and why its enforcement is really just pro-car bias, and not the danger to pedestrians that is claimed. Tom is the author of Traffic:Why We Drive the Way We Do (and What It Says About Us), and blogs at howwedrive.com.

    Consider these statements of two officials from the Mesa Police Department:

    Jaywalking, when a person walks anywhere other than a designated crosswalk, is a crime, Mesa police spokeswoman Diana Tapia said.

    “…It is a concern and it’s illegal,” [Mesa Police Crime Prevention Officer Patty] Gallagher said

    – Mesa reminder: Jaywalking not only illegal, it’s unsafe. The Arizona Republic January 9, 2008

    First off, jaywalking is not in any way-shape-or-form a crime, it is a civil matter — but we can write that off to sloppy wording. More substantively, Ms. Tapia is apparently unaware (as are many drivers!) of the concept of an “unmarked” crosswalk! (*all* intersections have crosswalks; regardless of striping or no… unless crossing is expressly prohibited)

    Sadly, both officials show either ignorance of the law, or disregard for what the law actually says.  (The Mesa, AZ ordinance is reproduced below). As is typical of jaywalking laws, crossing outside of crosswalks is rarely prohibited; in order for it to actually be illegal, it must be either between two adjacent intersections with signals, or in the “business district” (the Mesa business district is tiny).

    I see parallels here in what is an apparent pro-car/anti-ped bias of police departments spilling over to pro-car/anti-cyclist bias. For example, the Tucson Police Department routinely run stings at stop signs to ticket cyclists who roll through; which is illegal but rarely fatal (I’m not aware of any fatalities in Tucson caused by the cyclist running a stop sign). At the same time, police rarely (a total of 3 over an 18month period by Tuscon PD) ticket motorists for passing cyclists too closely — behavior that regularly kills people.  And this is all done under the aegis of enhancing cyclist safety — so be careful what you wish for when lobbying for additional money for enforcement, it is likely to get (mis)used for things that have no demonstrable link to our safety.

    Mionske’s slant on the same topic.

    Mesa City Code, see Title 10 Section 3 part 19:

    When Pedestrian Shall Yield. (Reso. 990,1771)

    1. 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. (Reso. 990,1771)

    (F) Prohibited Crossing. Between adjacent intersections at which traffic-control signals are in operation, pedestrians shall not cross at any place except in a crosswalk, and no pedestrian shall cross a roadway other than in a crosswalk in any business district.

    Arizona state law is even more plain. see ARS §28-0793, Crossing at other than a crosswalk.

    Leave a reply