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Asheville, NC Public Conduct: Jaywalking (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

View official code

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?
There's no outright ban on crossing outside a crosswalk. City Code Sec. 19-231 instead requires the pedestrian to yield the right-of-way to every vehicle on the roadway when crossing mid-block, and treats a failure to yield there as a punishable infraction under state law.
Do I have to use the crosswalk if there's a traffic signal?
Yes. Sec. 19-229 requires pedestrians to cross only within a marked crosswalk between adjacent intersections where traffic signals are operating. That duty is separate from Sec. 19-231's yield rule for mid-block crossings and carries the same infraction penalty under N.C. Gen. Stat. Sec. 14-4.
What happens if a driver hits a pedestrian who was jaywalking?
The pedestrian's yield duty under Sec. 19-231 doesn't excuse the driver. Sec. 19-233 separately requires every driver to exercise due care to avoid colliding with a pedestrian on any roadway, sound a horn when necessary, and use extra caution around children, regardless of where the pedestrian crossed.
What penalty applies to a mid-block crossing violation?
Sec. 19-231(c) makes the violation an infraction, not a misdemeanor, punishable as provided in North Carolina General Statute Sec. 14-4, the state law setting fines for city ordinance violations generally. The Asheville Police Department issues the citation, and the same infraction standard applies to the related crosswalk-use violation in Sec. 19-229.

Sources & Official References

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