HomeMy WebLinkAboutIdaho Falls Ord 3221 - Distracted DrivingORDINANCE NO. 321
AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, AMENDING
TITLE 5, CHAPTER 4 TO DEFINE AND PROHIBIT THE USE OF A MOBILE
ELECTRONIC DEVICE WHILE DRIVING; ESTABLISH PENALTIES;
ALLOW POLICE TO STOP VEHICLES FOR VIOLATIONS; PROVIDING
SEVERABILITY, CODIFICATION, PUBLICATION BY SUMMARY,
ESTABLISHING EFFECTIVE DATE AND DATE FOR REVIEW AND
ASSESSMENT.
WHEREAS, driving is a high risk and dangerous activity when drivers are distracted and not
paying proper attention to surrounding conditions as they drive; and
WHEREAS, the purpose of this Ordinance is to encourage and promote safe driving habits,
regulate the safe use of mobile electronic devices in motor vehicles, and to reduce vehicle
accidents, injury to people, and damage to property; and
WHEREAS, distractions that divert attention from the task of driving are inherently dangerous to
the drivers, their passengers, and others on or near the roadway; and
WHEREAS, mobile electronic devices, if used improperly or at inappropriate times while
driving, contribute to driver distractions; and
WHEREAS, research supports the conclusion that driving while distracted (including texting
while driving) is dangerous; and
WHEREAS, adoption of this Ordinance will encourage drivers to use their mobile electronic
devices (with some exceptions) only when stopped, parked, or standing (and not while the
vehicle is moving); and
WHEREAS, this Ordinance allows for the use of mobile electronic devices where the use
outweighs the danger generated by use; and
WHEREAS, because of the dangers created by the misuse of mobile electronic devices is
significant, this Ordinance specifically authorizes a City peace officer to stop a vehicle for the
sole purpose of enforcing this Ordinance; and
WHEREAS, this Ordinance creates an infraction fine unless the driver continues to violate the
Ordinance, in which case, the fine may be a misdemeanor; and
WHEREAS, this Ordinance is being adopted and enforced as a reasonable exercise of municipal
police powers granted to the City pursuant to Idaho Code Title 50, Chapter 3, and as a temporary
ORDINANCE -DISTRACTED DRIVING PAGE 1 OF 5
regulation necessary to cover the special condition of driving while using a mobile electronic
device in the absence of a State-wide regulation of the same; and
WHEREAS, this Ordinance shall be reviewed and assessed on or before October 1, 2021, to
determine whether this Ordinance should be revoked or continued.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF IDAHO FALLS, IDAHO, THAT:
SECTION 1. Title 5, Chapter 4, Section 9 of the City Code of the City of Idaho Falls, Idaho, is
hereby added as new language:
5-4-9 DISTRACTED DRIVING
(A) DEFINITIONS
(1) Mobile Electronic Device. Any handheld or portable electronic device capable of
receiving, producing, displaying, or providing wireless data or voice
communication, including a cellular telephone; broadband personal
communication device; two-way messaging device; text messaging device; pager;
electronic device that can receive or transmit text or character -based images,
access or store data or connect to the internet; personal digital assistant; laptop
computer; computer tablet; stand-alone computer; portable computing device;
mobile device with a touchscreen display that is designed to be worn; electronic
games; equipment that is capable of playing a video, taking photographs,
capturing images or recording or transmitting video; and any similar device that is
readily removable from a vehicle and may be used to write, send or read text or
data or capture images or video through manual input. "Mobile electronic device"
shall not include a radio designed for the citizens band service or the amateur
radio service of the Federal Communications Commission or a commercial two-
way radio communications device.
(2) Motor Vehicle. A device or vessel classified as a "motor vehicle" in Idaho Code
Section 49-123"V".
(3) Operate. Driving or occupying the driver's position of a motor vehicle in (notion
upon a public way, street, road or highway. "Operate" shall not include a motor
vehicle that is lawfully parked or standing.
(4) Park. Standing of a vehicle, whether occupied or not, other than temporarily for
the purpose of and while actually engaged in loading or unloading property or
passengers.
ORDINANCE -DISTRACTED DRIVING PAGE 2 OF 5
(5) Standing. The complete halting of a vehicle, whether occupied or not, other than
temporarily for the purpose of and while actually engaged in loading or unloading
property or passengers.
B. USE OF MOBILE ELECTRONIC SEVICES PROHIBITED
Except as specifically provided in this Section, no person shall operate a motor vehicle
while using a mobile electronic device.
C. EXCEPTIONS
1. The provisions of this Chapter shall not apply to:
a. A law enforcement officer, firefighter, emergency medical technician,
paramedic, operator of an authorized emergency vehicle or similarly engaged paid or
volunteer public safety first responder during the performance of that person's official
duties, and a public utility employee or contractor acting within the scope of that person's
employment when responding to a public utility emergency.
b. The use of a mobile electronic device including a text messaging device,
for emergency purposes. "Emergency purposes" include, contacting a 911 system;
reporting an emergency to a law enforcement agency, health care provider, fire
department or other emergency services agency or entity; reporting a fire, traffic accident,
serious road hazard or medical or hazardous materials emergency to appropriate
authorities; and reporting the operator of another motor vehicle who is driving in a
reckless or otherwise unsafe manner or who appears to be driving under the influence of
alcohol or drugs to law enforcement.
2. Use of a global positioning or navigation system feature of a mobile electronic
device, provided that the operator of the vehicle is not manually entering information into the
global positioning or navigation system feature of the device and the device is not in the
operator's hands while operating the motor vehicle.
3. Use of a mobile electronic device in a voice -operated or hands free mode, only
where the operator of the motor vehicle does not use their hands to operate the device, except to
activate or deactivate the voice -operated function of device.
D. AUTHORITY FOR PRIMARY VEHICLE STOP, A City peace officer is hereby authorized
to utilize this Section as the primary or sole reason for issuing a citation to a driver.
E. PENALTIES.
Unless otherwise provided herein, any person who violates this Section is guilty of an infraction
in an amount set from time to time by Resolution of the Council. Any person who violates this
Section three (3) times within a two (2) year period is guilty of a misdemeanor for such violation.
ORDINANCE -DISTRACTED DRIVING PAGE 3 OF 5
SECTION 2. Savings and Severability Clause. The provisions and parts of this Ordinance are
intended to be severable. If any section, sentence, clause, or phrase of this Ordinance should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause, or phrase of this Ordinance.
SECTION 3. Codification Clause. The City Cleric is instructed to immediately forward this
Ordinance to the codifier of the official municipal code for proper revision of the Code.
SECTION 4. Publication. This Ordinance, or a summary thereof in compliance with Idaho Code,
shall be published once in the official newspaper of the City, and shall take effect immediately
upon its passage, approval, and publication.
SECTION 5. Effective Date. This Ordinance shall be in full force and effect from and after its
passage, approval, and publication.
SECTION 6. Council Review and Assessment. This Ordinance is a temporary regulation
necessary to cover the special condition of driving while using a mobile electronic device in the
absence of a State-wide regulation of the same. The Council shall review and assess the necessity
of this temporary Ordinance on or before October 1, 2021, to determine whether it should
continue as a temporary Ordinance or should be revoked.
PASSED by the City Council and APPROVED by the Mayor of the City of Idaho Falls, Idaho,
this �J day of 6C(0�� 2018.
ATTEST:
KATHY HA PTON, CITY CLERK
ORA
Ss:
ORDINANCE — DISTRACTED DRIVING PAGE 4 OF 5
County of Bonneville )
I, KATHY HAMPTON, CITY CLERK OF THE CITY OF IDAHO FALLS, IDAHO,
DO HEREBY CERTIFY:
That the above and foregoing is a full, hue and correct copy of the Ordinance
entitled, "AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO,
AMENDING TITLE 5, CHAPTER 4 TO DEFINE AND PROHIBIT THE USE
OF A MOBILE ELECTRONIC DEVICE WHILE DRIVING; ESTABLISH
PENALTIES; ALLOW POLICE TO STOP VEHICLES FOR VIOLATIONS;
PROVIDING SEVERABILITY, CODIFICATION, PUBLICATION BY
SUMMARY, ESTABLISHING EFFECTIVE DATE AND DATE FOR REVIEW
AND ASSESSMENT."
NDAl It(J°j°°�Jj
y�:0 `<C'� KATHY HAMPO , CITY CLERK
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ORDINANCE—DISTRACTED DRIVING PAGE 5 OF 5