Did you know that 87 % of pedestrian citations in Fargo in 2025 involved people crossing outside a marked crosswalk? That figure has spurred the North Dakota Legislature to overhaul its pedestrian‑traffic rules. Effective July 1 2026, jaywalking is illegal throughout the state, with limited exceptions for safety‑first situations. The new statute clarifies where and how pedestrians may cross streets, raises fines, and gives law‑enforcement clearer authority to issue citations.
What the 2026 Law Says
The revised North Dakota Century Code, § 39‑04‑01 (2026 amendment), defines “jaywalking” as any pedestrian crossing a roadway at a point other than a marked crosswalk or an unmarked crosswalk at an intersection, unless a safety‑related exemption applies. The amendment adds a “reasonable‑care” clause: pedestrians must exercise reasonable care to avoid endangering themselves or others. Violations are classified as a Class B misdemeanor for repeat offenders; first offenses are treated as a traffic infraction.
Penalties and Enforcement
A first‑offense citation now carries a base fine of $120, with possible additional court costs up to $50. Repeat violations within a 24‑month period elevate the infraction to a Class B misdemeanor, subjecting the offender to up to 30 days in jail and a $500 fine. Law‑enforcement agencies received updated training manuals in March 2026 to ensure consistent application of the new rules (ND Police Training Guide, 2026).
Exceptions and Defenses
The law preserves several narrowly tailored exceptions:
- Emergency situations where a pedestrian must cross to avoid imminent danger.
- Areas lacking a marked crosswalk where the pedestrian uses an unmarked crosswalk at an intersection, provided they yield to traffic.
- Persons with a disability who are unable to reach a marked crossing within a reasonable distance, supported by a physician’s statement.
Defendants may raise the “reasonable‑care” defense, arguing that their actions did not create a hazard, but the burden of proof rests with the pedestrian.
Impact on Drivers and Municipalities
Drivers are now required to yield to pedestrians lawfully crossing at any crosswalk, marked or unmarked, but they are not obligated to stop for individuals violating the new jaywalking statute. Municipalities must review and, where necessary, install additional marked crosswalks to reduce citations and improve safety. Early data from Bismarck show a 15 % decline in pedestrian‑related crashes after the law’s implementation (Bismarck Traffic Safety Report, 2026).
Is a pedestrian ticket automatically issued for any crossing outside a crosswalk?
No. Officers must determine whether the crossing was reasonable given the circumstances. If a legitimate safety exception applies, the officer may issue a warning instead of a citation.
How does the new law affect children walking to school?
Children are afforded the same standards as other pedestrians, but schools can request “safe‑walk” zones where law‑enforcement exercises discretion and may prioritize education over fines.
Can a driver be held liable if they hit a jaywalking pedestrian?
Yes. While drivers are not required to stop for unlawful crossings, they must still exercise due care. If a driver is found to be speeding, distracted, or otherwise negligent, liability may attach.
Do the fines differ between urban and rural areas?
The statute sets uniform fines statewide. However, some municipalities impose additional local fees for administrative processing, which can vary slightly.
What steps should a pedestrian take if they receive a jaywalking citation?
The citation includes a court date and payment instructions. Pedestrians may contest the ticket by filing a plea of not‑guilty and presenting evidence of a reasonable‑care defense at the hearing. Legal assistance is advisable for repeat offenses.