Is Jaywalking Illegal in North Dakota? Crossing Rules and Fees

In North Dakota, the crossing rules people call jaywalking are in section 39-10-29 of the North Dakota Century Code (NDCC). A pedestrian crossing outside a marked crosswalk or an unmarked crosswalk at an intersection must yield the right of way to all vehicles, may not cross between adjacent intersections with operating traffic-control devices except in a marked crosswalk, and may not cross an intersection diagonally unless official traffic-control devices allow it. A cited traffic violation is handled as a noncriminal offense paid with a statutory fee (NDCC 39-06.1-02). No fee line names the pedestrian crossing rules, but because chapter 39-10 violations count as moving violations, the general twenty-dollar moving-violation fee in NDCC 39-06.1-06(2) is the one the statute's text points to. To compare other states, see our guide to jaywalking laws by state.

Information last verified on 2026-10-10. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers North Dakota state law: the pedestrian and signal sections of NDCC chapter 39-10 (including 39-10-05, 39-10-06, 39-10-21, 39-10-27 to 39-10-34), the crosswalk and pedestrian definitions in NDCC 39-01-01, the penalty class in NDCC 39-10-01.1, the noncriminal disposition, fee and point rules in NDCC chapter 39-06.1, the officer's powers in NDCC 39-07-07, and the city powers in NDCC chapter 40-05. It does not cover the text of any city ordinance, court costs or other amounts a court may add, injury claims after a crash, or the law of other states.

Is jaywalking illegal in North Dakota?

It depends on where and how you cross. Most of North Dakota's crossing rules are a duty to yield: crossing away from a crosswalk is allowed under state law, but vehicles go first. Two are flat rules that apply even when the road is empty: no crossing between two adjacent intersections with operating traffic-control devices except in a marked crosswalk, and no diagonal crossing unless official traffic-control devices allow it. Cities can add their own traffic rules, so a downtown block may be stricter than the state text.

Crossing outside a crosswalk

The basic rule is NDCC 39-10-29(1):

"1. 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."

This is a duty to yield, not a ban. A pedestrian who crosses mid-block, waits for a gap and lets traffic pass complies with subsection 1, subject to the signalized-block and diagonal rules below and to any city ordinance. Subsection 2 applies the same yield duty to "any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided." A broader rule in NDCC 39-10-33(4) backs this up: "Except as otherwise provided for in this chapter, any pedestrian upon a roadway shall yield the right of way to all vehicles upon the roadway."

What counts as a crosswalk

An unmarked crosswalk at an intersection is treated the same as a painted one for the yield rule. North Dakota defines "crosswalk" in NDCC 39-01-01(14):

"'Crosswalk' means that part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs, or, in the absence of curbs, from the edges of the traversable roadway; or any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface."

Read the first part closely. The unmarked crosswalk is built from "the lateral lines of the sidewalks on opposite sides of the highway," so its text is framed around sidewalks on both sides. The second part reaches any crossing "distinctly indicated for pedestrian crossing by lines or other markings," whether at an intersection or elsewhere. The same section defines "pedestrian" as "any person afoot" (NDCC 39-01-01(60)). Once in a crosswalk, NDCC 39-10-32 adds: "Pedestrians shall move, whenever practicable, upon the right half of crosswalks."

Mid-block between signals, and diagonal crossing

Subsections 3 and 4 of NDCC 39-10-29 are flat rules rather than yield rules:

"3. Between adjacent intersections at which traffic-control devices are in operation, pedestrians may not cross at any place except in a marked crosswalk. 4. No pedestrian may cross a roadway intersection diagonally unless authorized by official traffic-control devices; and, when authorized to cross diagonally, pedestrians shall cross only in accordance with the official traffic-control devices pertaining to such crossing movements."

Subsection 3 applies only on a stretch of road between two adjacent intersections where traffic-control devices are operating. On that stretch, yielding is not enough: the crossing must be in a marked crosswalk.

A separate rule applies everywhere, including in crosswalks. NDCC 39-10-28(2) provides: "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."

Walk signals and traffic lights

NDCC 39-10-27 ties pedestrians to signs and signals: "1. A pedestrian shall obey the instructions of any official traffic-control device specially applicable to the pedestrian, unless otherwise directed by a police officer. 2. Pedestrians are subject to traffic-control and pedestrian-control signals as provided for in sections 39-10-05 and 39-10-06."

Where Walk and Don't Walk signals are installed, NDCC 39-10-06 controls:

"1. 'Walk': Pedestrians facing such indication may proceed across the roadway in the direction of the indication and must be given the right of way by the drivers of all vehicles. 2. 'Don't Walk' (steadily illuminated): A pedestrian may not start to cross the roadway in the direction of such indication. 3. 'Don't Walk' (flashing): A pedestrian may not start to cross the roadway in the direction of the indication, but any pedestrian who has partially completed a crossing during the 'Walk' signal must proceed in the direction of the indication to a sidewalk or safety island."

North Dakota's Don't Walk rule has no exception for an empty road: starting to cross on either a steady or a flashing Don't Walk is barred. A pedestrian who started on Walk keeps going to a sidewalk or safety island.

Where there is no pedestrian signal, the ordinary traffic light in NDCC 39-10-05 governs pedestrians:

• On green: "Unless otherwise directed by a pedestrian-control signal as provided for in section 39-10-06, pedestrians facing any green indication, except when the sole green indication is a turn arrow, may proceed across the roadway within any marked or unmarked crosswalk" (NDCC 39-10-05(1)(c)).
• On steady yellow or a yellow arrow: pedestrians "are thereby advised that there is insufficient time to cross the roadway before a red indication is shown and no pedestrian may then start to cross the roadway" (NDCC 39-10-05(2)(b)).
• On steady red: "Unless otherwise directed by a pedestrian-control signal as provided for in section 39-10-06, pedestrians facing a steady circular red or red arrow indication alone may not enter the roadway" (NDCC 39-10-05(3)(d)).

Walking along the road, and other pedestrian rules

NDCC 39-10-33 covers walking along a road, not just crossing it:

"1. Where a sidewalk is provided and its use is practicable, it is unlawful for any pedestrian to walk along and upon an adjacent roadway. 2. Where a sidewalk is not available, any pedestrian walking along and upon a highway shall walk only on a shoulder, as far as practicable from the edge of the roadway. 3. Where neither a sidewalk nor a shoulder is available, any pedestrian walking along and upon a highway shall walk as near as practicable to an outside edge of the roadway, and, if on a two-way roadway, shall walk only on the left side of the roadway."

The other pedestrian duties in chapter 39-10:

• Emergency vehicles: when an authorized emergency vehicle approaches using an audible signal and a visible flashing, revolving or rotating blue, white or red light, "every pedestrian shall yield the right of way to the authorized emergency vehicle" (NDCC 39-10-33.2(1)).
• Intoxication: "A pedestrian who is under the influence of alcohol or any drug to a degree which renders the pedestrian a hazard may not walk or be upon a roadway" (NDCC 39-10-33.4).
• Gates: "No pedestrian may pass through, around, over, or under any crossing gate or barrier at a railroad grade crossing or bridge while such gate or barrier is closed or is being opened or closed" (NDCC 39-10-33.5).
• Soliciting: "No person may stand in a roadway for the purpose of soliciting a ride," and no person may stand in a roadway "for the purpose of soliciting employment, business, or contributions from the occupant of any vehicle" (NDCC 39-10-34(1) and (2)).

Freeways and controlled-access roads

NDCC 39-10-21 provides: "The director may by order, and local authorities may by ordinance, with respect to any controlled-access roadway under their respective jurisdictions, prohibit the use of any such roadway by any class or kind of traffic which is found incompatible with the normal and safe movement of traffic." The director or local authority must post official traffic-control devices on that roadway, and "when in place no person may disobey the restrictions stated on such devices." On an interstate or other controlled-access road, obey any posted sign restricting pedestrians.

What drivers owe pedestrians

A pedestrian's duty to yield outside a crosswalk sits alongside duties the same chapter places on drivers. NDCC 39-10-28(1) provides:

"1. When traffic-control signals are not in place or not in operation, the driver of a vehicle shall yield the right of way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger."

The other driver duties:

• Turning on green: vehicles, "including vehicles turning right or left, shall yield the right of way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited" (NDCC 39-10-05(1)(a)).
• Turning on red: a driver turning after stopping on red "shall yield the right of way to pedestrians lawfully within adjacent crosswalk and to other traffic lawfully using the intersection" (NDCC 39-10-05(3)(c)).
• Walk signal: a pedestrian on Walk "must be given the right of way by the drivers of all vehicles" (NDCC 39-10-06(1)).
• Passing a stopped car: when a vehicle is stopped at a marked crosswalk or an unmarked crosswalk at an intersection to let a pedestrian cross, "the driver of any other vehicle approaching from the rear may not overtake and pass such stopped vehicle" (NDCC 39-10-28(4)).
• Due care: "Notwithstanding other provisions of this chapter or the provisions of any local ordinance, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any confused, incapacitated, or intoxicated person" (NDCC 39-10-30).
• Sidewalks: "The driver of a vehicle shall yield the right of way to any pedestrian on a sidewalk" (NDCC 39-10-33.1).
• White cane and assistance dogs: a driver "shall yield the right of way to an individual who is blind or visually impaired and carrying a clearly visible white cane or to an individual with a disability who is accompanied by an assistance dog" (NDCC 39-10-33.3).
• Work zones: a driver must yield to "any authorized vehicle or pedestrian actually engaged in work upon a highway within any highway construction or maintenance area indicated by official traffic-control devices" (NDCC 39-10-26.1(1)).

For drivers, these duties carry a set fee. A violation of NDCC 39-10-05 involving failure to yield to a pedestrian, or of NDCC 39-10-28(1), carries "a fee of fifty dollars" (NDCC 39-06.1-06(2)(b)), and failing to yield the right of way in violation of section 39-10-28 is a 2-point item on the driver point schedule (NDCC 39-06.1-10(3)(a)(14)).

Jaywalking fine and penalty in North Dakota

The pedestrian sections themselves state no penalty. The starting point is NDCC 39-10-01.1:

"It is unlawful and, unless otherwise declared in this chapter or in chapter 39-06.1 with respect to particular offenses, it is a class B misdemeanor for any person to do any act forbidden or fail to perform any act required in this chapter."

Chapter 39-06.1 does declare otherwise for ordinary traffic tickets. Under NDCC 39-06.1-02(1), an individual cited "for a traffic violation under state law or municipal ordinance, other than an offense listed in section 39-06.1-05, is deemed to be charged with a noncriminal offense," and "may appear before the designated official and pay the statutory fee for the violation charged." The offenses listed in 39-06.1-05 begin with driving or being in actual physical control of a vehicle in violation of section 39-08-01, and reckless driving; the pedestrian crossing rules are not among them. So a typical crossing ticket is a noncriminal traffic violation, not a misdemeanor charge.

How much is the fee?

No fee line in NDCC 39-06.1-06 names the pedestrian crossing sections. The amount comes from two provisions read together:

• NDCC 39-06.1-06(2) sets, "For a moving violation as defined in section 39-06.1-09, a fee of twenty dollars," except for the violations it lists separately.
• NDCC 39-06.1-09 counts "a violation of the provisions of chapter 39-10" as a moving violation, except subsection 5 of section 39-10-26 and the sections listed in 39-06.1-08(1). That list names parking-related sections, not the pedestrian rules.

On the text of those two sections, the twenty-dollar moving-violation fee is the one that fits a state citation under NDCC 39-10-29. The Department of Transportation's fee schedule on its notice to cited persons likewise lists "Violations requiring $20 fee: NDCC 39-06.1-08, 39-06.1-09." That schedule lists section 39-10-05 in its $50 tier without the statute's limitation to a violation "involving failure to yield to a pedestrian" (NDCC 39-06.1-06(2)(b)), so a pedestrian cited under 39-10-05 for a red or yellow light should compare the printed amount with that subsection. The North Dakota Department of Transportation's notice to cited persons refers to the "statutory bond/fee in the amount noted on this citation," so the figure printed on the citation is the one to check. A city ordinance violation can carry a higher fee: a city may set a fee by ordinance "which may exceed, by up to one hundred percent, the limit, for an equivalent category of violation, set forth in section 39-06.1-06 except for a violation of a speed limitation" (NDCC 40-05-06(2)).

Points

The point schedule in NDCC 39-06.1-10(3) has no entry for the crossing rules in 39-10-29, the Don't Walk rule in 39-10-06 or the pedestrian sections 39-10-27 and 39-10-32 to 39-10-34, and the Department of Transportation's notice states: "FOR VIOLATIONS NOT LISTED, NO POINTS ARE ASSIGNED." Two entries name sections that also contain pedestrian rules, without separating drivers from pedestrians: 2 points for "Failing to yield right of way in violation of section" 39-10-28, among others, which includes the curb rule in 39-10-28(2), and 2 points for "Disobeying an official traffic-control device in violation of section" 39-10-05, among others, which includes the yellow and red rules for pedestrians (NDCC 39-06.1-10(3)(a)(14) and (15)). The director enters points on "the licensee's driving record" when an "admission or adjudication of a traffic violation" is received (NDCC 39-06.1-10(1)), so a licensed driver cited under 39-10-28 or 39-10-05 as a pedestrian should ask the court whether points will be reported.

Paying, contesting and ignoring the ticket

Paying is an admission. The Department of Transportation's notice states that a person who posts and forfeits the statutory bond or fee "will be deemed to have committed the violation and to have waived your right to a hearing to contest the citation." Under NDCC 39-06.1-02(2), when an individual cited under state law posts bond by mail, "If the individual does not request a hearing within fourteen days of the date of the citation, the bond is deemed forfeited and the violation admitted." At a hearing, "The official may at that time waive, reduce, or suspend the statutory fee or bond, or both" (NDCC 39-06.1-02(3)). At a hearing, "The state or the city, as appropriate, must prove the commission of a charged violation at the hearing or appeal under this section by a preponderance of the evidence" (NDCC 39-06.1-03(6)).

An admitted or proven noncriminal violation has a limited reach in other courts. NDCC 39-06.1-03(4) provides that a person's admission of a violation, or a finding in any proceeding that the person committed one, "may not be referred to in any way, nor be admissible as evidence in any court, civil, equity, or criminal, except in an action or proceeding involving that individual's operator's license."

Ignoring the ticket is the risky option. NDCC 39-06.1-04 makes it a class B misdemeanor to fail "to appear without paying the statutory fee or posting and forfeiting bond." Being noncriminal does not make a citation safe to ignore.

Being stopped

The officer's powers come from NDCC 39-07-07(1). Whenever an individual "is halted for the violation of any of the provisions of chapters 39-01 through 39-13," which include the pedestrian rules in chapter 39-10, the officer may "Take the name and address of the individual" and, for a state noncriminal traffic violation, "notify the individual of the right to request a hearing when posting bond by mail." For a city ordinance violation, the officer may issue a summons or written notice to appear. Under NDCC 39-07-07(2), "A halting officer employed by a political subdivision of the state may not take an individual into custody or require the individual to proceed with the officer to any other location for the purpose of posting bond, if the traffic violation was a noncriminal offense under section 39-06.1-02."

City rules

North Dakota cities regulate traffic through general grants of power in chapter 40-05 rather than through a pedestrian-specific section. A city may "regulate traffic and sales upon the streets, sidewalks, and public places" (NDCC 40-05-01(17)), and may "regulate, control, or restrict within designated zones, or congested traffic districts, ... the use of streets, alleys, or other public ways by various classes of traffic" (NDCC 40-05-02(14)). A city can therefore add its own crossing rules, so check your city's ordinances and posted signs before crossing mid-block downtown. Whatever a local ordinance says, the driver's due care duty in NDCC 39-10-30 applies "notwithstanding ... the provisions of any local ordinance."

If a pedestrian is hit by a car

Whether a pedestrian was crossing lawfully under NDCC 39-10-29 can come up after a collision, alongside the driver duties in NDCC 39-10-28 and 39-10-30. For how fault and insurance work after a crash, see North Dakota car accident laws. Riders of electric scooters follow their own rules, covered in North Dakota e-scooter laws.

Related pages

• Jaywalking laws by state
• North Dakota car accident laws
• North Dakota e-scooter laws
• Minnesota jaywalking laws
• South Dakota jaywalking laws

This article provides general legal information about North Dakota law, not legal advice. For advice about a specific situation, contact a lawyer licensed in North Dakota or the North Dakota Department of Transportation.

Last updated: 2026-10-10.

Frequently Asked Questions

Is jaywalking illegal in North Dakota?

Crossing outside a marked crosswalk or an unmarked crosswalk at an intersection is allowed under state law if you yield the right of way to all vehicles (NDCC 39-10-29(1)). Between adjacent intersections with operating traffic-control devices you may cross only in a marked crosswalk, diagonal crossing is barred unless authorized (NDCC 39-10-29(3) and (4)), and city ordinances can add rules.

What is the fine for jaywalking in North Dakota?

North Dakota uses statutory fees for noncriminal traffic violations. No fee line names the pedestrian crossing rules, but chapter 39-10 violations are moving violations (NDCC 39-06.1-09), and the general moving-violation fee is twenty dollars (NDCC 39-06.1-06(2)). Check the amount printed on the citation; a city ordinance fee may be up to 100 percent higher (NDCC 40-05-06(2)).

Is jaywalking a crime in North Dakota?

Chapter 39-10 makes its violations a class B misdemeanor unless chapter 39-06.1 provides otherwise (NDCC 39-10-01.1), and chapter 39-06.1 treats a cited traffic violation, other than the offenses listed in 39-06.1-05, as a noncriminal offense (NDCC 39-06.1-02). Failing to appear without paying the fee or posting and forfeiting bond is a class B misdemeanor (NDCC 39-06.1-04).

Does paying a jaywalking ticket in North Dakota count as admitting it?

Yes. The Department of Transportation notice says a person who posts and forfeits the fee is deemed to have committed the violation and to have waived the right to a hearing, and when bond is posted by mail, it is deemed forfeited and the violation admitted if no hearing is requested within fourteen days of the citation (NDCC 39-06.1-02(2)).

Can I cross on Don't Walk in North Dakota?

No. A pedestrian may not start to cross on a steady or flashing Don't Walk, and a pedestrian who started on Walk must proceed to a sidewalk or safety island (NDCC 39-10-06).

Which side of the road should I walk on in North Dakota?

Use the sidewalk where one is provided and its use is practicable (NDCC 39-10-33(1)). With no sidewalk, walk on the shoulder as far as practicable from the roadway; with neither, walk near the outside edge and, on a two-way roadway, only on the left side (NDCC 39-10-33(2) and (3)).

Do drivers have to stop for pedestrians in North Dakota?

Where signals are not in place or not operating, a driver must yield to a pedestrian in a crosswalk, slowing down or stopping if need be (NDCC 39-10-28(1)), and drivers turning on green or red must yield to pedestrians lawfully in the crosswalk (NDCC 39-10-05). A driver violation of 39-10-28(1) carries a fifty-dollar fee (NDCC 39-06.1-06(2)(b)).