Metro Council members say the ordinance will improve safety for both motorists and pedestrians

The rule allows fines for people who go up to cars while in the road, linger in medians or jaywalk

Critics have concerns about levying fines and fees on individuals who may already be unable to pay

Louisville Metro Police officers will begin to enforce this summer's ordinance cracking down on people, including panhandlers, interacting with cars while in the road, which went into effect this week, police say.

Officers will be looking for situations that are unsafe and intervening, Lt. Ron Heady of the First Division said at a Wednesday news conference. The move follows an information campaign, Heady said, that's gone on since the legislation passed the Louisville Metro Council in August.

"At the end of the day, it's to modify behavior that's unsafe," Heady said. "... It may be simply giving a warning because it's someone they've not shared information with before. If it's someone that's been a persistent problem that's persistently creating a distraction or an unsafe environment, then the officers have discretion to take enforcement action."

Metro Council members behind the new law say it's an attempt to limit distracted driving and to improve safety for motorists and pedestrians by clarifying rules around crossing main roads and approaching vehicles.

On its face, the ordinance creates a fine for pedestrians who approach cars while standing in the roadway, who linger in medians or who unsafely cross streets.

In practice, it could target homeless people holding signs asking drivers for money or approaching cars stopped at traffic lights, some advocates say.

Background:Metro Council passes a safety ordinance that restricts panhandling

Jean Manganaro, founder of the outreach group Fed with Faith, previously told The Courier Journal that the city would be better off working to find out why people are panhandling and what issues they need help addressing.

"If you don't want to see it," he said, "do something about it."

The American Civil Liberties Union of Kentucky, too, has expressed concerns about levying fines and fees on individuals who may already be unable to pay. A better resource investment, legal director Corey Shapiro said, would be addressing the problems of poverty and homelessness with creative solutions.

"Any time you're adding fines or fees onto people who are already unable to afford those fines and fees, or any time you have an increased amount of contact with the police, there should be a good reason why we're putting resources into those areas," Shapiro said in August.

But police and council supporters argue pedestrian-involved crashes could be reduced with "clear guidance."

Police Chief Steve Conrad testified at a committee meeting that there were 614 such crashes from 2018 through July of this year. Of those, 79% were on a roadway, and 65% were the pedestrian's fault.

"That, I think, underscores the importance of providing clear guidance for pedestrians in our community to make sure that they need to stay out of the roadway unless they are crossing," Conrad said.

Heady added at the Wednesday news conference that since the start of 2019, 19 pedestrians have been killed, almost 20% more than last year.

"Clearly, there is a safety issue with our pedestrians. So this is, I think, a small step at making the roadways safer."

See also:Fischer wanted to keep city-run youth detention in place longer

What does the rule do?

The ordinance establishes a fine for violators of $25 to $250.

Anyone who approaches a car while in the road, who stands in a median or who jaywalks could face the fine.

Under changes made to the original proposal, pedestrians on sidewalks would be able to approach cars, but pedestrians on arterial roadways would not. That change effectively paved the way for union and First Amendment activities to continue on sidewalks.

Another change clarified that pedestrians can legally stand or be on the portion of a median with a sidewalk or other legal pedestrian crossing — a response to concerns about medians with sidewalks in the middle or that are meant for walking.

Heady explained that as a motorist, there are certain things you expect: other cars, pedestrians on the sidewalk, people entering the roadway at intersections and crosswalks.

"What you don't typically expect is someone to be lingering on a median, entering the roadway, creating an unsafe environment," Heady said. "So that's a distraction that the ordinance intends, from what I've gathered, to remove."

What roads does it affect?

The ordinance lists more than 80 busy "arterial roadways" where these rules could apply, such as Bardstown Road, Broadway, Dixie Highway, Eastern Parkway, Frankfort Avenue, Hurstbourne Parkway and Muhammad Ali Boulevard.

The rules also apply to the first 200 feet of any roadway that intersects with one of those arterial roads.

For subscribers:Louisville's golf pros in middle of clash with millions at stake

Has this been done anywhere else?

Louisville's ordinance is similar to a Lexington ordinance passed two years ago that prohibits pedestrians and beggars from entering traffic on major roadways.

Lexington's rules were changed following an uptick in panhandling, according to the Lexington Herald-Leader, that stemmed from the Kentucky Supreme Court striking down a previous anti-panhandling ordinance.

Does it affect Crusade for Children or sports teams collecting money?

Likely not.

Roadway solicitations like those done by Crusade and youth sports teams can continue under city ordinances, as long as they comply with state statute.

Existing law requires those activities to be designated with a traffic control device, warning signal or an emergency vehicle with lights on.

People would also have to comply with some pedestrian safety measures laid out in the proposal, including: being 18 years old, wearing vests, having cones out, returning to a place of safety before the lights turn green and only conducting the activities in daylight.

More news:As Louisville shuts down camps, where are the homeless left to go?

What happens next?

Councilman Pat Mulvihill, D-10th District, one sponsor of the ordinance, said he hopes the ordinance results in fewer pedestrian deaths.

The ordinance, he said, attempts to separate pedestrians and motorists, to keep interactions at a minimum and keep both safe.

"I hope we have a safer environment for everyone, pedestrians included," he said.

Councilwoman Marilyn Parker, R-18th, another co-sponsor, echoed Mulvihill's comments, adding that drivers are already distracted and that people interacting with vehicles in the street have become a hazard.

She plans to keep in touch with LMPD to gauge how many citations officers are issuing and if they're seeing a reduction on pedestrians in the street.

Darcy Costello: 502-582-4834; dcostello@courier-journal.com; Twitter: @dctello. Support strong local journalism by subscribing today: courier-journal.com/darcyc.