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Cell Phone Ordinance_2nd and Final ReadingORDINANCE NO. 11 -10 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHICLES AND TRAFFIC, CHAPTER 10 MISCELLANEOUS RULES, BY ADDING A NEW SECTION 9 -10 -400 PROHIBITING THE USE OF ELECTRONIC COMMUNICATIONS DEVICES WHILE DRIVING A MOTOR VEHICLE Whereas, the use of electronic communications devices by motorists has increased in recent years including within the city of Dubuque; and Whereas, drivers who use a hand -held communications device, and particularly those who are dialing or texting, are at a greater risk of a crash or near crash than drivers who are simply driving; and Whereas, many citizens have acknowledged that they have been hit or nearly hit by a driver using such devices; and Whereas, the consequences of distracted driving due to the use of such devices can be and often are catastrophic; and Whereas the City Council finds that hands -free electronic communications devices, global positioning systems, navigation systems or emergency notification systems, and citizens band radios, citizens band radio hybrids, or other electronic communication devices with a push -to -talk function are significantly less distracting than electronic communications devices which require the operator to manually insert letters or figures; and • Whereas, the City Council finds that it is within its authority to provide for the health, safety, and welfare of its citizens to regulate the use of such devices. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITYOF DUBUQUE, IOWA AS FOLLOWS: Section 1. The City of Dubuque Code of Ordinances, Title 9, Chapter 10, is amended by adding the following new section: A. Except as provided in subsection C, no person shall drive a motor vehicle on the public streets within the city of Dubuque while using an electronic communications device for the ordinary purposes for which such devices are used. B. "Electronic communications device" means an electronic device, including but not limited to a wireless telephone, personal digital assistant, or a portable or 012810ba1 9 -10 -400: USE OF ELECTRONIC COMMUNICATIONS DEVICES PROHIBITED WHILE DRIVING A MOTOR VEHICLE mobile computer, which requires the operator to manually insert letters or figures, but does not include hands -free electronic communications devices, global positioning systems, navigation systems or emergency notification systems, and citizens band radios or citizens band radio hybrids, or other electronic communication devices with a push -to -talk function. C. "Hands -free electronic communications device" means a device that has an internal feature or function, or that is equipped with an attachment or addition, whether or not permanently part of such mobile telephone, by which a user engages in a conversation without the use of either hand, provided, however, this definition shall not preclude the use of either hand to activate, deactivate, or initiate a function of the device. D. Using an electronic communications device includes but is not limited to the following: 1. Composing, sending, or reading an electronic message; 2. Talking into, dialing or listening on an electronic communications device; 3. Holding an electronic communications device to, or in the immediate proximity of, the person's ear; or 4. Manipulating an electronic communications device to command or request access to an Internet site E. Subsection A shall not apply to: 1. Public safety personnel, law enforcement officers, and operators of emergency vehicles when on duty and acting in their official capacities. 2. Persons using a hands -free electronic communications device allowing the driver to talk into and listen to the other party without the use of the driver's hands. 3. Persons using an electronic communications device for the sole purpose of calling 911 or other emergency telephone numbers to contact public safety forces. 4. Persons using an electronic communications device while maintaining a motor vehicle in a stationary parked position while parked off the traveled portion of the road, and while the motor vehicle is not in gear. F. Any person who violates subsection A of this section shall be subject to a scheduled fine as follows: Attest: 1. Fifty Dollars ($50) if no traffic accident is involved; 2. Two hundred fifty dollars ($250), if the violation resulted in a traffic accident. Section 2. This ordinance shall take effect upon publication. 15th Passed, approved and adopted the • day of February, 2010. eanne F. Schnei: er, CMC City Clerk Roy b. Buol, Mayor THE C U�K ;�Z bE D Masterpiece on the Mississippi BARRY LINDA CITY ATTORN Y MEMORANDUM To: Mayor Roy D. Buol and Members of the City Council DATE: January 28, 2010 RE: Proposed Ordinance Prohibiting the Use of Electronic Communications Devices While Driving a Motor Vehicle Attached for your consideration is a proposed ordinance prohibiting the use of electronic communications devices while driving a motor vehicle. The definition of "electronic communications device" excludes devices such as hands - free electronic communications devices, GPS systems, navigation systems or emergency notification systems, and citizens band radios or citizens band radio hybrids or other electronic communications devices with a push -to -talk function. The ordinance provides exceptions for public safety personnel, persons using hands - free electronic communications devices, using electronic communications devices for the sole purpose of emergency calls, and using an electronic communications device while maintaining a motor vehicle in a stationary parked position while parked off the traveled portion of the road and not in gear. The ordinance provides for a penalty of $50 for a violation if no traffic accident is involved, and for a fine of $250 if the violation is proved to have resulted in a traffic accident. Also attached is some background information relating to the use of cell phones. BAL:tls Attachment cc: Michael C. Van Milligen, City Manager Cindy Steinhauser, Assistant City Manager Terry Tobin, Acting Police Chief F: \USERS \tsteckle \Lindahl\ Memos\ MayorCouncil _CellPhoneOrdinance_012810.doc OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE IA 52001 -6944 TELEPHONE (563) 583 -4113 1 FAx (563) 583 -1040 / EMAIL balesq @cityofdubuque.org