Five years after the state implemented its "Move Over" law, Rapid City has decided to enact its own ordinance requiring drivers to move over or slow down when approaching stopped vehicles using amber or yellow warning lights.

However, a few Rapid City Council members opposed the ordinance because of a potential impact on school revenue and confusion over what exactly a yellow light means.

Patterned after the state's 2003 Move Over law, the city's ordinance calls for drivers to vacate the lane closest to the stopped vehicle, or, if a lane change is impossible, to slow to 20 miles per hour below the posted speed limit or a minimum of 5 mph.

Violators could be punished with a fine of up to a $500 and 30 days in jail.

Alderman Sam Kooiker, in noting the state has a similar law, said he was concerned about the potential impact on schools, which get some funding from traffic fines.

Under the state constitution, fines for violating state statutes go to the school districts. But fines for violating city ordinances are split, with 65 percent going to the city and the rest going to the state general fund.

"This isn't so much an issue of public safety as it is an issue of where the fine money goes," Kooiker said. "We already have the ability to write tickets under the existing state law."

City Attorney Jason Green said the ordinance was prompted by concern about whether state statute would be enforceable on city streets. Green said an ordinance makes it "crystal clear" that the city can enforce the law.

Alderman Bob Hurlbut called the new ordinance a "revenue grab" because the existing state statute already covers such traffic situations.

"The odds of somebody challenging a ticket … all the way to the Supreme Court to find out we didn't have authority to write that ticket is incredibly unlikely," he said. "Normally, I'm all for more revenue for the city. But I think with the current situation with our school district, we need to be sensitive."

Some council members said it might be difficult to educate the public about the definition of yellow lights that would require moving over or slowing down. Alderman Ron Weifenbach said the ordinance needed more discussion to define what types of vehicles would require compliance.

"I'm not against this by any means; I understand it's for the safety of police officers. But at the same time, citizens get pulled over time after time for everything they do now," Weifenbach said.

Green said "yellow lights" refers to lights mounted on a roof or above a vehicle's standard equipment lights for the purpose of calling attention to the vehicle. He said the law does not specify what vehicles may or may not have flashing yellow lights.

Police Capt. Doug Thrash said if an emergency vehicle activates its yellow lights, it would be clear to an officer whether to stop someone for violating the move-over law.

"We're not here to make life difficult for people. We're here to make it safe," Thrash said.

The council approved the ordinance, 7-3. Malcom Chapman, Karen Gundersen Olson, Ron Kroeger, Kooiker, Lloyd LaCroix, Deb Hadcock and Patti Martinson voted yes. Hurlbut, Weifenbach and Bill Okrepkie voted no.

Contact Scott Aust at 394-8415 or scott.aust@rapidcityjournal.com