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PAG LIN 1 1 Section 1. Section 123.46, subsection 2, Code 1997, is 1 2 amended to read as follows: 1 3 2. A person shall not use or consume alcoholic liquor, 1 4 wine, or beer upon the public streets or highways. A person 1 5 shall not use or consume alcoholic liquor in any public place 1 6 except premises covered by a liquor control license. A person 1 7 shall not possess or consume alcoholic liquors, wine, or beer 1 8 on public school property or while attending a public or 1 9 private school-related function. A person shall not be 1 10 intoxicated or simulate intoxication in a public place or in 1 11 the interior of a motor vehicle located on a public street or 1 12 highway or on the property of a public place. A person 1 13 violating this subsection is guilty of a simple misdemeanor. 1 14 Sec. 2. Section 125.34, subsection 1, Code 1997, is 1 15 amended to read as follows: 1 16 1. An intoxicated person may come voluntarily to a 1 17 facility for emergency treatment. A person who appears to be 1 18 intoxicated or incapacitated by a chemical substance in a 1 19 public place or in the interior of a motor vehicle located on 1 20 a public highway or on the property of a public place and in 1 21 need of help may be taken to a facility by a peace officer 1 22 under section 125.91. If the person refuses the proffered 1 23 help, the person may be arrested and charged with intoxication 1 24 under section 123.46, if applicable. 1 25 Sec. 3. Section 321.236, subsection 1, paragraph a, Code 1 26 1997, is amended to read as follows: 1 27 a. May be charged and collected upon a simple notice of a 1 28 fine payable to the city clerk or clerk of the district court, 1 29 if authorized by ordinance. The fine shall not exceed five 1 30 dollars except for snow route parking violations in which case 1 31 the fine shall not exceed twenty-five dollars. The fine may 1 32 be increased up to ten dollars if the parking violation is not 1 33 paid within thirty days of the date upon which the violation 1 34 occurred, if authorized by ordinance. Violations of section 1 35 321L.4, subsection 2, may be charged and collected upon a 2 1 simple notice of afiftyone hundred dollar fine payable to 2 2 the city clerk or clerk of the district court, if authorized 2 3 by ordinance. No costs or other charges shall be assessed. 2 4 All fines collected by a city pursuant to this paragraph shall 2 5 be retained by the city and all fines collected by a county 2 6 pursuant to this paragraph shall be retained by the county. 2 7 Sec. 4. NEW SECTION. 321.277A EXHIBITION DRIVING. 2 8 A person commits exhibition driving if the person operates 2 9 a motor vehicle in any one of the following ways: 2 10 1. Creates or causes unnecessary engine noise, tire 2 11 squealing, skidding, or sliding upon acceleration or stopping. 2 12 2. Simulates a temporary race. 2 13 3. Causes any wheel or wheels to unnecessarily lose 2 14 contact with the ground. 2 15 4. Causes the vehicle to unnecessarily turn abruptly or 2 16 sway. 2 17 Sec. 5. Section 321.307, Code 1997, is amended to read as 2 18 follows: 2 19 321.307 FOLLOWING TOO CLOSELY. 2 20 The driver of a motor vehicle shall not follow another 2 21 vehicle more closely thanis reasonable and prudent, having2 22due regard for the speed of such vehicles and the traffic upon2 23and the condition of the highwaythe distance which would be 2 24 traveled in two seconds at the following motor vehicle's 2 25 speed. A commercial vehicle shall not follow another motor 2 26 vehicle more closely than the distance which would be traveled 2 27 in three seconds at the following commercial vehicle's speed. 2 28 However, the separation distances set out in this section 2 29 shall not be construed to prevent a greater distance from 2 30 being considered following too closely due to traffic, road, 2 31 or weather conditions, or any other condition affecting safe 2 32 operation. 2 33 Sec. 6. Section 321.369, Code 1997, is amended to read as 2 34 follows: 2 35 321.369 PUTTING DEBRIS ON HIGHWAY. 3 1NoA person shall not throw or deposit uponanya highway 3 2 any glass bottle, glass, nails, tacks, wire, cans, trash, 3 3 garbage, rubbish, litter, offal, or any other debris.NoA 3 4 person shall not throw or deposit upon a highway a substance 3 5 likely to injure any person, animal, or vehicle uponsuchthe 3 6 highwayshall be thrown or deposited by any person upon any3 7highway.AnyA person who violatesany provision ofthis 3 8 section or section 321.370shall be guilty ofcommits a 3 9 misdemeanorand upon arrest and conviction therefor shall be3 10punishedpunishable asprovided ina scheduled violation under 3 11 section321.482805.8, subsection 2, paragraph "ad". 3 12 Sec. 7. Section 321J.7, Code 1997, is amended to read as 3 13 follows: 3 14 321J.7 DEAD OR UNCONSCIOUS PERSONS. 3 15 A person who is dead, unconscious, or otherwise in a 3 16 condition rendering the person incapable of consent or refusal 3 17 is deemed not to have withdrawn the consent provided by 3 18 section 321J.6, and the test may be given if a licensed 3 19 physician certifies in advance of the test that the person is 3 20 dead, unconscious, or otherwise in a condition rendering that 3 21 person incapable of consent or refusal. If the certification 3 22 is oral, a written certification shall be completed by the 3 23 physician within a reasonable time of the test. 3 24 Sec. 8. Section 321L.4, subsection 2, Code 1997, is 3 25 amended to read as follows: 3 26 2. The use of a handicapped parking space, located on 3 27 either public or private property as provided in sections 3 28 321L.5 and 321L.6, by a motor vehicle not displaying a 3 29 handicapped parking permit; by a motor vehicle displaying a 3 30 handicapped parking permit but not being used by a person in 3 31 possession of a motor vehicle license with a handicapped 3 32 designation or a nonoperator's identification card with a 3 33 handicapped designation, other than a person issued a permit 3 34 or being transported in accordance with section 321L.2, 3 35 subsection 1, paragraph "b"; or by a motor vehicle in 4 1 violation of the rules adopted by the department under section 4 2 321L.8, constitutes improper use of a handicapped parking 4 3 permit, which is a misdemeanor for which a scheduled fine 4 4 shall be imposed upon the owner, operator, or lessee of the 4 5 motor vehicle or the person to whom the handicapped parking 4 6 permit is issued. The scheduled fine for each violation shall 4 7 beone hundred dollarsas established in section 805.8, 4 8 subsection 2, paragraph "a". Proof of conviction of two or 4 9 more violations involving improper use of a handicapped 4 10 parking permit is grounds for revocation by the court or the 4 11 department of the holder's privilege to possess or use the 4 12 handicapped parking permit. 4 13 Sec. 9. Section 321L.6, subsection 3, Code 1997, is 4 14 amended to read as follows: 4 15 3. The handicapped parking sign shall include a sign 4 16 stating that the scheduled fine for improperly using the 4 17 handicapped parking space isfifty dollarsas established in 4 18 section 805.8, subsection 2, paragraph "a". 4 19 Sec. 10. Section 805.8, subsection 2, paragraph a, Code 4 20 1997, is amended to read as follows: 4 21 a. For parking violations under sections 321.236, 321.239, 4 22 321.358, 321.360, and 321.361, the scheduled fine is five 4 23 dollars. The scheduled fine for a parking violation of 4 24 section 321.236 increases in an amount up to ten dollars, as 4 25 authorized by ordinance pursuant to section 321.236, 4 26 subsection 1, paragraph "a", if the parking violation is not 4 27 paid within thirty days of the date upon which the violation 4 28 occurred. For purposes of calculating the unsecured 4 29 appearance bond required under section 805.6, the scheduled 4 30 fine shall be five dollars. However, violations charged by a 4 31 city or county upon simple notice of a fine instead of a 4 32 uniform citation and complaint as permitted by section 4 33 321.236, subsection 1, paragraph "a", are not scheduled 4 34 violations, and this section shall not apply to any offense 4 35 charged in that manner. For a parking violation under section 5 1 321.362 or 461A.38 the scheduled fine is ten dollars. For a 5 2 parking violation under section 321L.4, subsection 2, the 5 3 scheduled fine isfiftyone hundred dollars. 5 4 Sec. 11. Section 805.8, subsection 2, Code 1997, is 5 5 amended by adding the following new paragraph: 5 6 NEW PARAGRAPH. ad. For violations of section 321.369 or 5 7 321.370, the scheduled fine is twenty-five dollars. 5 8 EXPLANATION 5 9 Sections 123.46 and 125.34 are amended to make it a simple 5 10 misdemeanor to be intoxicated or to simulate intoxication in 5 11 the interior of a motor vehicle located on a public highway or 5 12 on property of a public place or for such a person to refuse 5 13 assistance under chapter 125 regarding chemical substance 5 14 abuse. 5 15 New section 321.277A is created to prohibit exhibition 5 16 driving. A person commits exhibition driving by causing 5 17 unnecessary engine noise, tire squealing, skidding, or sliding 5 18 while accelerating or stopping, simulating a race, causing a 5 19 wheel or tire to lose contact with the ground unnecessarily, 5 20 or causing the vehicle to unnecessarily turn or sway. A 5 21 violation of this provision is a simple misdemeanor under 5 22 section 321.482. 5 23 Section 321.307 is amended to change the language related 5 24 to following too closely from the current reasonable and 5 25 prudent standard to a distance based upon the distance the 5 26 following vehicle will cover in two seconds or, if the 5 27 following vehicle is a commercial vehicle, three seconds. A 5 28 person may also violate this section if the traffic, road, 5 29 weather, or other condition makes the two or three second 5 30 interval too close for safe operation of the following motor 5 31 vehicle. 5 32 Sections 321.369 and 805.8 are amended to remove the simple 5 33 misdemeanor penalty for littering and to provide a scheduled 5 34 violation of $25 for littering. This change is also 5 35 applicable to violations of section 321.370 regarding removing 6 1 material dropped or thrown on a highway. 6 2 Section 321J.7 is amended to specifically state that a 6 3 physician may provide oral certification for an alcohol or 6 4 drug test of a person who is dead, unconscious, or incapable 6 5 of providing consent if the oral certification is followed by 6 6 written certification by the physician within a reasonable 6 7 time of the test. 6 8 Sections 321.236, 321L.4, 321L.6, and 805.8 are amended to 6 9 provide that the penalty for handicapped parking violations is 6 10 the $100 scheduled fine established in section 805.8, 6 11 subsection 2. 6 12 LSB 1055DP 77 6 13 mk/jw/5
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