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Codified Laws
32-27 PEDESTRIANS' RIGHTS AND DUTIES
CHAPTER 32-27

PEDESTRIANS' RIGHTS AND DUTIES

32-27-1      Yielding right-of-way to pedestrian making proper crossing--Regulated intersections--Violation as petty offense.
32-27-1.1      Pedestrian defined.
32-27-2      Yielding right-of-way to pedestrians at controlled intersections--Circumstances under which pedestrians must yield--Violation as petty offense.
32-27-3      Local ordinances regulating crossing at controlled intersections.
32-27-4      Jaywalking--Duty to yield right-of-way to vehicles--Violation as petty offense.
32-27-5      Highways without sidewalks--Duty to walk facing traffic--Violation as petty offense.
32-27-5.1      Repealed.
32-27-6      Blind persons--Use of cane by sighted persons as petty offense.
32-27-7      Duty of motorist to stop for pedestrian carrying cane or guided by dog--Violation as misdemeanor.
32-27-8      Rights of blind persons not carrying cane or guided by dog--Contributory negligence.
32-27-9      Superseded.
32-27-10      Failing to yield right-of-way to persons working on highway--Warning signals--Misdemeanor.



32-27-1Yielding right-of-way to pedestrian making proper crossing--Regulated intersections--Violation as petty offense.

The driver of any vehicle upon a highway within a business or residence district shall yield the right-of-way to a pedestrian crossing the highway within any clearly marked crosswalk or any regular pedestrian crossing included in the prolongation of the lateral boundary lines of the adjacent sidewalk at the end of a block, except at intersections where the movement of traffic is being regulated by traffic officers or traffic direction devices. However, no pedestrian may suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close as to constitute an immediate hazard. A violation of this section by a driver is a petty offense.

Source: SDC 1939, § 44.0318; SL 1945, ch 188; SL 1989, ch 255, § 184; SL 2010, ch 167, § 1.



32-27-1.1Pedestrian defined.

The term, pedestrian, when used in this chapter means any person moving or traveling on foot, including any person wearing roller skates, riding on a skateboard, or riding on an electric personal assistive device.

Source: SL 1987, ch 237; SL 2002, ch 161, § 4.



32-27-2Yielding right-of-way to pedestrians at controlled intersections--Circumstances under which pedestrians must yield--Violation as petty offense.

At intersections where traffic is controlled by traffic control signals or police officers, drivers of vehicles, including those making turns, shall yield the right-of-way to pedestrians crossing or those who have started to cross the roadway on a green or go signal, and in all other cases pedestrians shall yield the right-of-way to vehicles lawfully proceeding directly ahead on a green or go signal. A violation of this section by a driver is a petty offense. A violation of this section by a pedestrian is a petty offense.

Source: SDC 1939, § 44.0318 as added by SL 1945, ch 188; SL 1989, ch 255, § 185.



32-27-3Local ordinances regulating crossing at controlled intersections.

Local authorities in their respective jurisdictions may by ordinance require that at intersections where traffic is controlled by traffic control signals or by police officers, pedestrians shall not cross a roadway against a red or stop signal, and between adjacent intersections so controlled shall not cross at any place except in a marked or unmarked crosswalk.

Source: SDC 1939, § 44.0318 as added by SL 1945, ch 188.



32-27-4Jaywalking--Duty to yield right-of-way to vehicles--Violation as petty offense.

Every pedestrian crossing a highway within a business or residence district at any point other than a pedestrian crossing, crosswalk, or intersection shall yield the right-of-way to vehicles upon the highway. A violation of this section is a petty offense.

Source: SDC 1939, § 44.0318; SL 1945, ch 188; SL 1989, ch 255, § 186.



32-27-5Highways without sidewalks--Duty to walk facing traffic--Violation as petty offense.

Where sidewalks are not provided any pedestrian walking along or upon a highway shall, when practicable, walk only on the left side of the roadway or its shoulder facing traffic which may approach from the opposite direction. A violation of this section is a petty offense.

Source: SL 1961, ch 151; SL 1989, ch 255, § 187.



32-27-5.1
     32-27-5.1.   Repealed by SL 1989, ch 255, § 183.



32-27-6Blind persons--Use of cane by sighted persons as petty offense.

It is a petty offense for any person, unless totally or partially blind or otherwise incapacitated, while on any public street or highway, to carry in a raised or extended position a cane or walking stick which is white in color or white tipped with red.

Source: SL 1949, ch 176, §§ 1, 4; SDC Supp 1960, §§ 44.0318-1, 44.9932; SDCL § 32-27-9.



32-27-7Duty of motorist to stop for pedestrian carrying cane or guided by dog--Violation as misdemeanor.

Whenever a pedestrian is crossing or attempting to cross a public street or highway, guided by a guide dog or carrying in a raised or extended position a cane or walking stick which is white in color or white tipped with red, the driver of every vehicle approaching the intersection, or place where such pedestrian is attempting to cross, shall bring his vehicle to a full stop before arriving at such intersection or place of crossing, and before proceeding shall take such precautions as may be necessary to avoid injuring such pedestrian. A violation of this section is a Class 2 misdemeanor.

Source: SL 1949, ch 176, §§ 2, 4; SDC Supp 1960, §§ 44.0318-1, 44.9932; SDCL § 32-27-9; SL 1980, ch 232.



32-27-8Rights of blind persons not carrying cane or guided by dog--Contributory negligence.

Nothing contained in § 32-27-6 or 32-27-7 shall be construed to deprive any totally or partially blind or otherwise incapacitated person, not carrying such a cane or walking stick or not being guided by a dog, of the rights and privileges conferred by law upon pedestrians crossing streets or highways, nor shall the failure of such totally or partially blind or otherwise incapacitated person to carry a cane or walking stick, or to be guided by a guide dog upon the streets, highways, or sidewalks of this state, be held to constitute nor be evidence of contributory negligence.

Source: SL 1949, ch 176, § 3; SDC Supp 1960, § 44.0318-1.



32-27-9
     32-27-9.   Superseded.



32-27-10Failing to yield right-of-way to persons working on highway--Warning signals--Misdemeanor.

It shall be a Class 2 misdemeanor for any driver of a vehicle to fail to yield the right-of-way to persons engaged in the maintenance, survey, or construction work on any public road, highway, or highway right-of-way whenever the driver is notified of the presence of the workers by flagmen, warning signs, or signals, or any other manner of warning.

Source: SL 1965, ch 144.