KRS 189.572: Definitions for section -- Prohibitions for pedestrians -- Exceptions -- Local

ordinances -- Administrative regulations.

(1) As used in this section:

(a) "Local government" means any city, county, consolidated local government,

urban-county g overnment, charter county government, or unified local

government; and

(b) "State-maintained right -of-way" means any land, property, or infrastructure

under the jurisdiction or maintenance of the Kentucky Transportation Cabinet

that is used by the public for transportation purposes, including but not limited

to travel lanes, paved and unpaved shoulders, medians, entrance and exit

ramps, and adjacent grassy or drainage areas not designated for pedestrian

use.

(2) Except as provided in subsection (3) or (4) o f this section, a person shall not sit,

kneel, recline, stand, or remain physically stationary in any portion of a state -

maintained right-of-way that is not designated for pedestrian use.

(3) Subsection (2) of this section shall not apply to:

(a) Individuals experiencing a medical emergency;

(b) Individuals involved in a vehicle -related emergency, provided they remain in

the immediate area of the vehicle;

(c) Emergency personnel or public utility workers performing their official

duties; or

(d) Persons loca ted within a pedestrian -designated area such as a sidewalk,

marked crosswalk, or transit stop.

(4) A local government may by ordinance authorize limited exceptions to subsection

(2) of this section if:

(a) The ordinance:

1. Establishes a clear process by which a person may request and receive

authorization by the local government to act in accordance with any

adopted exception;

2. Applies uniformly; and

3. Is based solely on objective criteria that is ministerially applied;

(b) Authorization granted by the local government to any person is limited in

duration and scope;

(c) The local government maintains records of each authorization provided under

this subsection that includes a statement of justification for its issuance; and

(d) Any ordinance adopted under this subsection, and any authorization granted

pursuant thereto, comply with this section and any administrative regulations

promulgated by the Transportation Cabinet.

(5) The Transportation Cabinet may promulgate administ rative regulations in

accordance with KRS Chapter 13A to define minimum pedestrian safety standards

for state-maintained rights-of-way.