If passed, ordinance would prohibit standing in medians, approaching vehicles
In response to growing concerns about pedestrians standing in medians and approaching traveling vehicles on local roadways, Somerset Mayor Alan Keck brought an ordinance to city council for consideration Monday that prohibits such behaviors.
The ordinance would make crossing arterial roadways — or roadways that carry the most traffic in Somerset — in any place other than a crosswalk punishable by a fine. It would also prohibit pedestrians from approaching vehicles or remaining in a median after having two consecutive opportunities to cross the roadway legally.
Modeled after legislation in Lexington, the ordinance aims to improve pedestrian and motorist safety following increased incidents where motorists have reported being approached at intersections by people asking for money.
“I am hearing complaints from residents about this issue at an alarming rate,” Keck said. “Until now, we have been limited in how we can address this problem because panhandling itself is not a crime — it is protected by the First Amendment. But I think this is a viable solution that protects pedestrians and motorists while also protecting free speech. Because candidly, doing this in the middle of a busy roadway is not safe for either party. We need to address it.”
City of Somerset Director of Community Development William Hunt learned about Lexington’s ordinance while attending a session at September’s Kentucky League of Cities annual conference. He brought back a copy of the ordinance and guidance from legal professionals on how best to adopt it in Somerset.
Somerset Police Chief Josh Wesley said his department has received an increasing number of complaints of this nature. In the last year, Pulaski County 911 has recorded 19 panhandling or soliciting complaints, 32 pedestrian accidents, and 108 reports of people walking in the roadway. This does not include the numerous complaints that residents and motorists have made to the City of Somerset directly.
Wesley said this ordinance would give his officers another tool in their toolbox to protect public safety.
“Understandably, motorists are alarmed when they are approached at an intersection by someone making a request for money or support,” Wesley said. “While it is not illegal for someone to ask for money — that speech is protected — the way they are doing so by standing in the median and approaching vehicles is unsafe for both the pedestrian and the motorist. So our goal is to ensure no one gets hurt or feels threatened or uncomfortable when traveling on Somerset roadways.”
If passed, the ordinance would provide exceptions for any person legally crossing a roadway, any person engaged in law enforcement or rescue activities, any person entering a stopped vehicle in a lawful space (taxis or public transportation), and any person engaged in emergency repair or maintenance of a vehicle. It will also include a list of arterial roadways where this activity is outlawed.
A first offense would carry a $200 penalty, a second offense $500, and third and subsequent offenses a $1,000 fine.
The council heard a first reading of the ordinance Monday night, and a second reading and vote is scheduled Monday, Nov. 11.
Keck encouraged residents not to engage with anyone standing in a local roadway and to proceed with the utmost caution.
“We live in an incredibly benevolent community, and there are many ways to give to those in need,” Keck said. “I would implore our residents to seek other ways to give and to travel safely around any area where pedestrians are gathered in the median or roadway. We will work expeditiously to create a safety-focused ordinance that discourages anyone from standing in the median or approaching traveling vehicles for any reason.”
