(a) For any offense specified in subdivision (b) that is committed by the driver of a vehicle under either of the following conditions, the fine in a misdemeanor case shall be double the base amount otherwise prescribed, not including any penalty assessments or other fees or additions, and in an infraction case, the fine shall be one category higher than the penalty otherwise prescribed by the uniform traffic penalty schedule established pursuant to Section 40310, not including any penalty assessments or other fees or additions:
(1) When passing a school building or the grounds thereof, if the building or grounds are contiguous to a highway and posted with a standard "SCHOOL" warning sign and an accompanying sign notifying motorists that increased penalties apply for traffic violations that are committed within that school zone, and children are going to or leaving the school either during school hours or during the noon recess period.
(2) When passing any school grounds that are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children, and the highway is posted with a standard "SCHOOL" warning sign and an accompanying sign notifying motorists that increased penalties apply for traffic violations that are committed within that school zone.
(b) A violation of any of the following provisions is an offense that is subject to subdivision (a):
(1) Article 3 (commencing with Section 21450) of Chapter 2 of Division 11, relating to obedience to traffic devices.
(2) Chapter 3 (commencing with Section 21650) of Division 11, relating to driving, overtaking, and passing.
(3) Chapter 4 (commencing with Section 21800) of Division 11, relating to yielding the right-of-way.
(4) Chapter 6 (commencing with Section 22100) of Division 11, relating to turning and stopping and turn signals.
(5) Chapter 7 (commencing with Section 22348) of Division 11, relating to speed limits.
(6) Chapter 8 (commencing with Section 22450) of Division 11, relating to special traffic stops.
(7) Section 23103, relating to reckless driving.
(8) Section 23104, relating to reckless driving which results in bodily injury to another.
(9) Section 23109, relating to speed contests.
(10) Section 23152, relating to driving under the influence of alcohol or a controlled substance, or a violation of Section 23103, as specified in Section 23103.5, relating to alcohol-related reckless driving.
(11) Section 23153, relating to driving under the influence of alcohol or a controlled substance, which results in bodily injury to another.
(12) Section 23220, relating to drinking while driving.
(13) Section 23221, relating to drinking in a motor vehicle while on the highway.
(14) Section 23222, relating to driving while possessing marijuana or an open alcoholic beverage container.
(15) Section 23223, relating to being in a vehicle on the highway while possessing an open alcoholic beverage container.
(16) Section 23224, relating to being a driver or passenger under the age of 21 years possessing an open alcoholic beverage container.
(17) Section 23225, relating to being the owner or driver of a vehicle in which there is an open alcoholic beverage container.
(18) Section 23226, relating to being a passenger in a vehicle in which there is an open alcoholic beverage container.
(c) (1) This section applies only in Alameda County, Santa Barbara County, Ventura County, or in a city in any of these counties, and only if that jurisdiction has adopted this section by a vote of the city council or county board of supervisors, as appropriate.
(2) The increased fines authorized by subdivision (a) may only be imposed and collected once per offense notwithstanding the fact that the offense occurred within more than one jurisdiction all of which have adopted this section. Furthermore, no increased fine shall be imposed if an increased fine is imposed under Section 42009 or 42010 because the offense occurred within a highway construction or maintenance area or safety enhancement area.
(d) Any city or county that adopts this section shall promptly notify the California Highway Patrol and the law enforcement agency having the primary traffic investigative authority of that fact.
(e) This section shall remain in effect only until January 1, 2007, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2007, deletes or extends that date.
(Amended by Stats. 2003, Ch. 62, Sec. 309.)