2017 -- H 5258

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO CRIMINAL OFFENSES - HIGHWAYS - LOITERING

     

     Introduced By: Representatives Nardolillo, Canario, Quattrocchi, Price, and Lima

     Date Introduced: January 27, 2017

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 11-22 of the General Laws entitled "Highways" is hereby amended

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by adding thereto the following section:

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     11-22-17. Loitering in the public highway.

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     (a) No person shall stand in a public highway, whether in the traveled way or on a median

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strip, for the purposes of loitering or otherwise when the public highway or median strip, by

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virtue of its configuration may not safely be used as a public forum and has been designated as

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such and indicated by reasonable signage that the public highway or median strip is unsafe for use

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as a public forum. Provided, however that standing in any area designated as unsafe for use as a

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public forum pursuant to this subsection shall be permitted for the purpose of lawfully crossing

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the public highway or for attending to an accident or other emergency.

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     (b) For purposes of this section the director of the department of transportation shall

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designate a public highway or median strip as an unsafe location for a public forum after

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considering among other factors, the following information:

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     (1) Information and/or data contained in the most recent state of Rhode Island highway

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safety plan prepared by the Rhode Island department of transportation;

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     (2) Information and/or data submitted by the Rhode Island cities and towns to the director

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of the department of transportation indicating that a particular public highway or median strip is

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unsafe as a public forum. Data contained in this subdivision shall contain local police accident

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records and or incident reports detailing the number of accidents and/or incidents and the nature

 

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of the danger present at the public highway or median strip.

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     (3) Records indicating that the public highway or median strip has not been used as a

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public forum in the past.

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     (c) Any person violating this section shall be guilty of a misdemeanor and shall be fined

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not less than one hundred dollars ($100) nor more than five hundred dollars ($500). Any violation

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shall be heard by the traffic tribunal in accordance with chapter 41.1 of title 31.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL OFFENSES - HIGHWAYS - LOITERING

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     This act would make loitering in a public highway or on certain median strips a

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misdemeanor subject to a fine not less than one hundred dollars ($100) nor more than five

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hundred dollars ($500).

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     This act would take effect upon passage.

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