Asheville, NC Public Conduct: Jaywalking (2026)
Key Facts
- Governing section
- Asheville City Code § 19-231
- Rule
- Must yield when crossing outside a crosswalk
- Violation class
- Infraction under G.S. § 14-4
- Adopted
- Ord. No. 4910, § 2, Nov. 9, 2021
- Related duty
- Crosswalk required between signals (§ 19-229)
Summary
Asheville lets pedestrians cross outside a marked or unmarked crosswalk, but City Code Sec. 19-231 requires them to yield the right-of-way to every vehicle on the roadway when they do. The same yield duty applies where a pedestrian tunnel or overhead crossing has been built instead of a crosswalk. Breaking the rule is a punishable infraction.
(a) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway. (b) Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the roadway. (c) Violation of this section shall be an infraction and shall be punishable as provided in N.C. Gen. Stat. § 14-4.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-5: Contains Supplement, current through Ordinance 5245, passed 7-28-2026 | State legislation current through 2025 A.L.S. #3).
Full Breakdown
Chapter 19, Article VI of the Asheville City Code sets out the pedestrian right-of-way scheme, and Sec. 19-231, Crossings at other than crosswalks, is the mid-block jaywalking rule: a pedestrian who crosses at any point other than within a marked crosswalk, or an unmarked crosswalk at an intersection, must yield to all vehicles on the roadway. The same yield duty attaches where the city has built a pedestrian tunnel or overhead crossing instead of an at-grade crosswalk, so using the street rather than the structure does not relieve the pedestrian of the duty to yield. The section traces to Code 1965 Sec. 28-140 and was carried forward by Ord. No. 4910, Sec. 2, adopted November 9, 2021.
The mid-block rule sits alongside two related duties in the same article. Sec. 19-229 requires pedestrians to use a marked crosswalk between adjacent signalized intersections, and Sec. 19-230 requires pedestrians to keep to the right half of any crosswalk they do use. Drivers are not off the hook either: Sec. 19-233 obligates every driver to exercise due care to avoid hitting a pedestrian on any roadway, sound a horn when necessary, and take extra precaution around children or an incapacitated person, regardless of who technically has the right-of-way.
Enforcement runs through the Asheville Police Department. Sec. 19-231(c) makes a violation an infraction punishable under North Carolina General Statute Sec. 14-4, the state's general penalty statute for city ordinance violations, rather than a criminal misdemeanor. Because yielding, not location, is the operative legal test, a pedestrian struck while crossing mid-block can be found to have violated the duty to yield even though jaywalking itself carries no separate ban.
Violations & Fines
A citation under Sec. 19-231 is processed as a civil infraction under N.C. Gen. Stat. Sec. 14-4, not a criminal charge, and is typically paired with the driver's-care duty in Sec. 19-233 when a collision is involved. Failing to yield while crossing outside a crosswalk can also weigh against a pedestrian in a civil claim after a crash, since the ordinance places the yield burden on the crossing pedestrian, not the approaching driver.
Frequently Asked Questions
Is it illegal to jaywalk in Asheville?
Do I have to use the crosswalk if there's a traffic signal?
What happens if a driver hits a pedestrian who was jaywalking?
What penalty applies to a mid-block crossing violation?
Sources & Official References
Other rules in Asheville
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