28-797. School crossings; civil penalty; assessment; definition

A. The director with respect to state highways, the county board of supervisors with respect to county highways or the governing body of a city or town or its designee with respect to city or town streets, by and with the advice of the school district governing board, may mark or cause to be marked by the department or local authorities crosswalks in front of each school building or school grounds abutting the locations where children are required to cross the highway or street.

B. The department or local authorities may approve additional crossings across highways not abutting on school grounds on application of school authorities and with written satisfactory assurance given the department or local authorities that guards will be maintained by the school district at the crossings to enforce the proper use of the crossing by school children.

C. The manual prescribed in section 28-641 shall provide for yellow marking of the school crossing, yellow marking of the center line of the roadway and the erection of portable signs indicating that vehicles must stop when persons are in the crossing. The manual shall also provide the type and wording of portable signs indicating that school is in session and that the civil penalty for a violation of this section will be doubled when the signs are present and permanent signs that warn of the approach to school crossings.

D. When the school crossings are established, school authorities shall place within the highway the portable signs indicating that school is in session. This placement shall be not more than three hundred feet from each side of the school crossing. In addition, portable signs indicating that the driver shall stop when children are in the crosswalk shall be placed at school crossings. School authorities shall maintain these signs when school is in session and shall cause them to be removed within one hour after the end of a school session or pursuant to an agreement with a city or town.

E. Notwithstanding any other law:

1. An agency of appropriate jurisdiction may establish a school crossing on an unpaved highway or street adjacent to a school when the agency determines the need for the school crossing on the basis of a traffic study. School crossings on unpaved highways and streets shall be marked by the use of signs as prescribed in the manual prescribed in section 28-641.

2. A local authority may establish a school crossing at an intersection containing a traffic control signal if the local authority determines the need for a school crossing on the basis of a traffic study.

F. A vehicle shall not proceed at a speed of more than fifteen miles per hour between the portable signs placed on the highway indicating that there shall be no passing, that school is in session and that the driver shall stop when children are in the crosswalk.

G. When a school authority places and maintains the required portable signs indicating that there shall be no passing, that school is in session and that the driver shall stop when children are in the crosswalk, all vehicles shall come to a complete stop at the school crossing when the crosswalk is occupied by a person.

H. A vehicle approaching the crosswalk shall not proceed at a speed of more than fifteen miles per hour between the portable signs placed on the highway indicating that there shall be no passing, that school is in session, that the driver shall stop when children are in the crosswalk and that the civil penalty will double.

I. When a school authority places and maintains the required portable signs indicating that there shall be no passing, that school is in session, that the driver shall stop when children are in the crosswalk and that the civil penalty will double, all vehicles shall come to a complete stop at the school crossing when a person is in the crosswalk.

J. If a person is found responsible for a violation of subsection F or G of this section, the person is subject to a civil penalty.

K. If a person is found responsible for a violation of subsection H or I of this section, the person is subject to a civil penalty and shall pay an additional assessment equal to the amount of the civil penalty. The additional assessment is not subject to any surcharge.

L. The court shall collect the additional assessment imposed pursuant to subsection K of this section at the same time the court collects the civil penalty. Partial payments of the total amount due pursuant to this subsection shall be divided according to the proportion that the civil penalty, the surcharges levied pursuant to sections 12-116.01 and 12-116.02 and the additional assessment imposed pursuant to this section represent of the total amount due. The court and the department shall treat failure to pay the additional assessment imposed pursuant to this subsection in the same manner as failure to pay a civil penalty, including taking action against the person's driver license or permit or privilege to drive pursuant to sections 28-1601, 28-3153 and 28-3305.

M. If a person is found responsible pursuant to subsection K of this section in a justice court or superior court, the court shall transmit monies received to pay the additional assessment to the county treasurer. If a person is found responsible pursuant to subsection K of this section in a municipal court, the court shall transmit the monies received to pay the additional assessment to the city treasurer. The city or county treasurer shall deposit the monies received to pay the additional assessment in a fund to pay for costs related to enforcement of this section.

N. For the purposes of this section, " school is in session" , when used either in reference to the period of time or to signs, means during school hours or while children are going to or leaving school during opening or closing hours.