55-10-307 - Adoption of statutes and regulations by municipalities Exceptions.
55-10-307. Adoption of statutes and regulations by municipalities Exceptions.
(a) Any incorporated municipality may by ordinance adopt, by reference, any of the appropriate provisions of §§ 55-8-101 55-8-180, 55-10-101 55-10-310, 55-50-301, 55-50-302, 55-50-304, 55-50-305, 55-50-311, 55-10-312, and 55-12-139, and may by ordinance provide additional regulations for the operation of vehicles within the municipality, which shall not be in conflict with the provisions of the listed sections. All fines, penalties, and forfeitures of bonds imposed or collected under the terms of §§ 55-50-311 and 55-50-312, shall be paid over to the appropriate state agency as provided in § 55-50-604.
(b) The offenses enumerated in subdivisions (b)(1)-(5) are state offenses and any person arrested for violation of the offenses shall be tried for violation of state law in state courts or in courts having state jurisdiction in which the jurisdiction shall be exclusive. Any existing ordinance presently regulating any of the enumerated offenses and any such ordinance enacted after July 1, 1977, is declared void and of no effect. The enumerated offenses are:
(1) Driving while intoxicated or drugged, as prohibited by § 55-10-401;
(2) Failing to stop after a traffic accident, as prohibited by part 1 of this chapter;
(3) Driving while license suspended or revoked, as prohibited by § 55-50-504;
(4) Drag racing, as defined and prohibited by § 55-10-501; and
(5) Possession of five (5) or more grams of methamphetamine, as scheduled in § 39-17-408(d)(2), while operating a motor vehicle in this state. A motor vehicle is in operation if its engine is operating, whether or not the motor vehicle is moving.
[Acts 2007, ch. 143, § 1.]