Pedestrian – Law Street https://legacy.lawstreetmedia.com Law and Policy for Our Generation Wed, 13 Nov 2019 21:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 100397344 New Law: No “Crossing and Texting” in Honolulu https://legacy.lawstreetmedia.com/blogs/technology-blog/honolulu-crossing-texting/ https://legacy.lawstreetmedia.com/blogs/technology-blog/honolulu-crossing-texting/#respond Tue, 01 Aug 2017 20:41:02 +0000 https://lawstreetmedia.com/?p=62464

Don't worry, that text will still be there once you make it across the street.

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Image Courtesy of Jeffrey Kontur : License (CC BY-ND 2.0)

Look left, look right…take your eyes off your smartphone. Okay. Now, you can cross the street in Honolulu.

In a 7-2 vote, the city council just passed a law that makes it illegal to stare at a phone screen while crossing “a street or highway.” The “distracted pedestrians law,” which is the first of its kind in the country, also encompasses video games, cameras, tablets, pagers, and other small handheld devices.

“Sometimes I wish there were laws we did not have to pass, that perhaps common sense would prevail,” Mayor Kirk Caldwell said during a bill signing ceremony near one of the city’s busiest intersections. “But sometimes we lack common sense.”

Local law enforcement will have three months to educate people about the new law, but after October 25, so-called “smartphone zombies” will risk incurring fines between $15 and $99, depending on how many times they have gotten caught glancing downwards before.

Pedestrians can still look at their phones on the curb and won’t be penalized if they are listening to music or talking on the phone as they cross the street, as long as their eyes can stay on the road. Dialing 911 is also permitted mid-crossing.

Though many believe this law, much like jaywalking, will be enforced in an arbitrary manner, lawmakers assure they are trying to tackle a serious road fatality problem.

“We hold the unfortunate distinction of being a major city with more pedestrians being hit in crosswalks, particularly our seniors, than almost any other city in the county,” Caldwell told Reuters.

The Governors Highway Safety Association reported that pedestrian fatalities increased 11 percent from the first six months of 2015 to the same period in 2016 and that one possible reason may be the rise in smartphone use.

However critics are saying that this law ought to further regulate drivers instead of punishing pedestrians.

Hawaii already forbids drivers from using their phones or texting while driving, allowing them only to use a hands-free device. However, no law exists preventing them from glancing at their screen. Last year, local police issued over 20,000 distracted driving citations statewide.

“If it’s signed into law,” writes Steven Miller in an opinion piece, “a pedestrian could have the right of way, be struck by a driver, and still receive a ticket for using a cell phone in the crosswalk, even though it’s the driver who should have yielded.”

Others are complaining that this new policy is an overreach of the local government’s authority.

“I don’t know if it should be a law that you can’t use your phone, because it is your phone,” said Sandra Hirooka. “I like the freedom of using my phone whenever I want to.”

“Scrap this intrusive bill, provide more education to citizens about responsible electronics usage, and allow law enforcement to focus on larger issues,” resident Ben Robinson told the city council in written testimony.

Celia Heudebourg
Celia Heudebourg is an editorial intern for Law Street Media. She is from Paris, France and is entering her senior year at Macalester College in Minnesota where she studies international relations and political science. When she’s not reading or watching the news, she can be found planning a trip abroad or binge-watching a good Netflix show. Contact Celia at Staff@LawStreetMedia.com.

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Traveling to DC: Here are Your Legal Need to Knows https://legacy.lawstreetmedia.com/news/traveling-dc-legal-need-knows/ https://legacy.lawstreetmedia.com/news/traveling-dc-legal-need-knows/#respond Fri, 25 Apr 2014 16:31:29 +0000 http://lawstreetmedia.wpengine.com/?p=14696

Whether you are moving to Washington DC permanently, attending one of the many universities in the city, or simply visiting, there is always something to do in the city. However, people new to DC and even longtime residents may not know the nuances of the DC code. From smoking outside, drinking in public, or to simply […]

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Whether you are moving to Washington DC permanently, attending one of the many universities in the city, or simply visiting, there is always something to do in the city. However, people new to DC and even longtime residents may not know the nuances of the DC code. From smoking outside, drinking in public, or to simply riding a bike, Washington has some unique laws that you may not know about. Read below for a quick breakdown of many of the rules and regulations in our nation’s capital.

This article is meant to be a guide to laws in DC; however, it should not be interpreted as the law itself. To see the actual wording of the laws check out the Official DC Code.

Alcohol

Underage Drinking/Fake ID’s

If a person under the age of 21 is convicted of purchasing, attempting to purchase, posses, or drinking alcoholic beverages they are guilty of a misdemeanor and upon first offense will face a fine of up to $300 and suspension of driving privileges for 90 days.

A person will face the same penalty for falsely representing his or her age, or possess an identification document that is fraudulent in any way for the purpose of buying, possessing, or drinking alcohol.

Bottom Line: Under DC law, it is illegal to drink alcohol underage. If you get caught drinking, possessing, or buying alcohol you will likely face a fine and suspension of your driver’s license.

Providing Alcohol to Minors

If a person who is not a licensed vendor offers, provides, or make alcohol available to someone under the age of 21 they may be face a fine of up to $1,000 and/or be imprisoned for up to 180 days for the first offense.

Open Container/Public Intoxication

No person may drink or possess and open container of an alcohol in a public area. Lawful consumption of alcoholic beverages must be in a public place that is licensed to sell alcoholic beverages, during times that such a place is authorized to sell, or in a private residence with permission of the owner. It is also unlawful in both public and private places for a person to be intoxicated and endanger the safety of himself, herself, or any person or property.

Any person convicted of violating these laws is guilty of a misdemeanor and may be punished with a fine no more than $500 and or up to 90 days in jail.

Bottom line: Under DC law, it is illegal to drink alcohol in public unless you are in an enclosed outside area at a licensed venue. It is also illegal to be drunk and endanger yourself, others, or anyone’s property.

When You Can Buy Alcohol

The Alcoholic Beverage Regulation Administration issues several different classes of licenses, which allow for the sale of alcohol during certain hours.

Class A (Grocery store, liquor store, corner store…): May sell beer, wine, and spirits from 7 am-midnight, Monday-Sunday.

Class B (Grocery or convenience store): May sell beer and wine from 7 am-midnight, Monday-Sunday

Restaurant/Tavern/Night Club/Hotel/Multipurpose Facility: May sell and serve beer, wine, and spirits (depending on type of restaurant license) from 8 am-2 am Monday-Friday, and from 8 am-3 am Saturday-Sunday

Controlled substances

Medical Marijuana

A patient may possess and administer marijuana as well as any other related paraphernalia given that they have a signed written recommendation from a physician operating within DC law. The patient must also register with the mayor, a process which requires providing a copy of a doctor’s written recommendation as well as the designation of a specific dispensary for use by the patient.

Upon registration a patient will receive an identification card for verification by law enforcement, each card must be renewed annually. While use and possession of marijuana is legal for those who are registered, patients are not allowed to operate a vehicle under the influence of marijuana.

Marijuana

Currently, possession of less than 1/2 lb of marijuana is a misdemeanor, which if someone is convicted of can be punished by up to 180 days in jail and or up to a $1,000 fine. However, DC just passed a bill that would decriminalize possession of up to one ounce. Under the new bill, people caught possessing small amounts would only face a $25 fine. The bill was signed by DC Mayor Vincent Gray on March 31, 2014 and now currently faces a 60-day period of congressional review.

Bottom line: Marijuana not obtained through the city’s medical program remains illegal in DC. However, if the current bill passes through the congressional review process penalties for possessing small amounts will dramatically decrease and jail time will no longer be on the table.

Other Controlled Substances

DC law makes possession of an illegal drug, except PCP, a misdemeanor. The punishment for a first offense is up to 180 days in jail and or up to a $1,000 fine. Punishment is largely dependent on the severity of the offense and the substance involved.

DC has five classes of substances ranging from Schedule I characterized by a high potential for abuse and little to no medical value, to Class V characterized by low potential for abuse and dependence as well as widely accepted medical value.

Biking laws

Helmets

It is required for any person under the age of 16 to wear a helmet while biking in public. It is unlawful for any parent or guardian to knowingly allow their child to operate a bicycle without a helmet, an offense that can result in a $25 fine.

Riding a bike

Bicyclists riding on highways are subject to the same duties as drivers of motor vehicles, including traveling in the same direction of traffic. There is no law requiring bicyclists to use provided bike lanes; however, in the Central Business District (CBD) biking on sidewalks is prohibited.

The CBD is defined by the area between 2nd Street NE and SE, D Street SE and SW, 14th Street SW and NW, Constitution Ave NW, 23rd Street NW, and Massachusetts Ave NW (click here for a map). Within the CBD biking is allowed on parks and land owned by the Federal Parks Service.

Bicycles must also be equipped with an “audible warning device” such as a bell, which can be heard at least 100 feet away. Finally, although it is not advisable, there is no law prohibiting cell phone use while biking, as existing laws only apply to motor vehicles.

For further information check out the Pocket Guide to DC Bike Laws provided by the District Department of Transportation

Miscellaneous

Littering: 1st violation is a $75 fine (in a 60 day period)

Crosswalks: An intersection of two or more roadways is considered a crosswalk, whether it is marked or not. Drivers must yield the right of way to pedestrians in both marked and unmarked crosswalks.

Smoking 

DC’s smoke free laws went into full effect in January of 2007, after which point people are no longer able to smoke in public buildings, worksites, restaurants, and bars. The city passed further legislation that prohibits smoking within 25 feet of public parks, playgrounds, recreational centers, and bus stops.

Bottom line: You can only smoke outdoors, in cigar bars, and your residence or a rented hotel room. Otherwise you will face a fine between $10 to $50 on your first offense, and $50 to $100 for subsequent offenses. Simply put, save the cost of a pack of cigarettes and walk outside.

Renting

If you are moving to DC and plan to rent an apartment there are several laws and regulations in place to help protect consumers. Before you submit an application, a potential landlord must disclose: the cost of the non-refundable application, the amount of rent and any surcharges for the unit, the frequency that rent increases may be implemented, the cost of the security deposit (if there is one), and all reports for housing code violations that occurred in the past year.

Bottom Line: look for the important details about the cost and conditions of the building before you submit the application. There are several laws in place to help protect renters, for more information about your rights as a renter and important details about the renal process check out the Washington DC Tenant Survival Guide.

Kevin Rizzo (@kevinrizzo10)

Feature Image Courtesy of [Sgt. Andy Dunaway/U.S Navy via Wikimedia]

Kevin Rizzo
Kevin Rizzo is the Crime in America Editor at Law Street Media. An Ohio Native, the George Washington University graduate is a founding member of the company. Contact Kevin at krizzo@LawStreetMedia.com.

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How to Walk in New York and Other Commonsense Rules https://legacy.lawstreetmedia.com/blogs/how-to-walk-in-new-york-and-other-common-sense-rules/ https://legacy.lawstreetmedia.com/blogs/how-to-walk-in-new-york-and-other-common-sense-rules/#respond Fri, 16 Aug 2013 14:47:50 +0000 http://lawstreetmedia.wpengine.com/?p=4694

New York City is home to 8.3 million people, with more visiting from out of town every day. This concrete jungle may be where dreams are made of, but it is one chaotic place to live. Don’t get me wrong, I love living in the greatest city in the world, but sometimes I really don’t […]

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New York City is home to 8.3 million people, with more visiting from out of town every day. This concrete jungle may be where dreams are made of, but it is one chaotic place to live. Don’t get me wrong, I love living in the greatest city in the world, but sometimes I really don’t understand what goes through people’s minds on a daily basis. The simplest tasks, such as walking down the street, become stressful, and I really have no clue why I feel like the odd one out. It seems like I learned an entirely different set of life rules growing up in a New England town, and I greatly wish New Yorkers would adhere to them as well. There are some common rules to live by that I thought were universal, or at least widespread in the United States.

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You’re on the subway, and it’s packed, and an elderly person gets on. Do you get up? Well, that would be the polite thing to do, perhaps even the moral thing. But in New York I am constantly infuriated that elderly, disabled, or pregnant people are forced to stand on a crowded subway car because others refuse to give up their seats. While I’m stuck standing to begin with, there’s really nothing I can do. I can’t force any of the other young people to stand up, so I shake my head and grumble to myself. Maybe you had a long day at work, or maybe you’re tired, but really, let someone who is less fortunate than you take a seat.

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My mom always told me never to stare at people while they’re eating. I never really understood why she insisted, but now that I’ve experienced what it feels like to be stared down while I’m chowing down, I completely understand. NYC is home to many restaurants with window seating, and instead of casually glancing in while walking past, passerby literally stop, stand, and stare. I’m not a zoo animal, here. I’m just simply trying to enjoy my lunch before heading back to the office. For some reason, New Yorkers (or, tourists, who knows?) are really interested in the food I’m eating. Yelp was created for a reason. Please use it.

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Now the last thing that really irks me in New York, is walking. That may sound silly, but sometimes walking to school can be one the most stressful moments of my day. Why, you ask? Several reasons. First, whatever happened to the common sense rule that you walk on the right side of the sidewalk? Not down the middle, not on the left, on the right! Maybe you’re a tourist from England. If that’s the case you are a bit excused. But the rest of you? Come on, people! And the same thing goes for stopping in the middle of the sidewalk. With the dozens of people sure to be shopping in SoHo at any moment, you really can’t just stop in the middle. Move over. It’s that simple. And before you get mad at me for complaining about people who may have a genuine health problem and need to stop, or walk slowly, the answer is simple. Just most over. Walk all the way to the right. Let those of us who actually have somewhere to be go by. And then we’ll all walk together in an organized manner.

So whether you live in New York, or you’re just visiting, please remember to be respectful to those around you. Our lives will all be a little bit better if we can remember what we learned as a child and apply them to the world we live in now.

Featured image courtesy of [Jack Siah via Flickr]

Christina Teoli
Christina Teoli is a founding member of Law Street Media and a graduate of New York Law School. Contact Christina at staff@LawStreetMedia.com.

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