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§ 70.09  CLINGING TO MOTOR VEHICLE.
   It shall be unlawful for any person riding on a motorcycle to attach himself or herself to any other vehicle on a roadway.
(SDCL § 32-20-6.5)  Penalty, see § 70.99
§ 70.10  USE OF DYNAMIC BRAKE DEVICE PROHIBITED.
   (A)   Except as provided in this section, the use or operation of a dynamic braking device on unmuffled vehicles is hereby prohibited within this municipality
   (B)   A DYNAMIC BRAKING DEVICE is a device used on vehicles that converts the engine from an internal combustion engine to an air compressor for the purpose of braking without the use of wheel brakes. These devices are commonly referred to as “air brakes,” “engine brakes,” “compression brakes,” “Jacob’s Brakes,” or “Jake Brakes.”
   (C)   This section shall not apply to municipal emergency vehicles, whether or not responding to an emergency.
   (D)   As an affirmative defense to a charge of a violating of this section, the driver of the vehicle must prove by a preponderance of the evidence that:
      (1)   The driver of the vehicle was operating the vehicle in compliance with all applicable laws at the time the unmuffled dynamic braking device was used; and
      (2)   The speed of vehicle was reasonable given all of the relevant circumstances; and
      (3)   The driver believed that the use of the unmuffled dynamic braking device was necessary to either:
         (a)   Avoid an imminent threat to the safety of the driver or any other person; or
         (b)   Avoid an imminent threat to property.
      (4)   The driver’s belief as to the necessity for using the unmuffled dynamic braking device was objectively reasonable.
Penalty, see § 70.99
§ 70.11 TEXTING PROHIBITED.
   (A)   Definitions.  The words and phrases defined in this section, shall, when used in this section, have the meanings respectively ascribed to them in such section, except in those instances where the context clearly indicates a different meaning:
      ELECTRONIC WIRELESS COMMUNICATION DEVICE. A mobile communication device that uses short-wave analog or digital radio transmissions or satellite transmissions between the device and a transmitter to permit wireless telephone communications to and from the user of the device within a specified area;
      VOICE OPERATED OR HANDS FREE TECHNOLOGY.  Technology that allows a user to write, send, or listen to a text-based communication without the use of either hand except to activate, deactivate, or initiate a feature or function; and
      WRITE, SEND, OR READ A TEXT-BASED COMMUNICATION.  Using an electronic wireless communications device to manually communicate with any person using text-based communication including communications referred to as a text message, instant message, or electronic mail.
(SDCL § 32-26-46)
   (B)   Use of handheld electronic wireless communication device for text-based communication on highway
      (1)   Prohibited----Violation as petty offense.  No person may operate a motor vehicle on a highway while using a handheld electronic wireless communication device to write, send, or read a text-based communication.
      (2)   Exceptions.  This section does not apply to a person who is using a handheld electronic wireless communication device:
         (a)   While the vehicle is lawfully parked;
         (b)   To contact any emergency public safety answering point or dispatch center;
         (c)   To write, read, select, or enter a telephone number or name in an electronic wireless communications device for the purpose of making or receiving a telephone call; or
         (d)   When using voice operated or hands free technology.
   (C)   Penalty. A violation of this section is a petty offense with a fine of $100.
(SDCL § 32-26-47)
§ 70.99  PENALTY.
   Any violation of Title VII shall result in a fine not to exceed $500 or imprisonment not exceeding 30 days or by both such fine and imprisonment.
Statutory reference:
   Maximum penalty, see SDCL §§ 9-19-3and 22-6-2(2)