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Repeal of Cell Phone OrdinanceTHE CITY OF DUB UE MEMORANDUM Masterpiece on the Miss sippi BARRY LINDA CITY ATTORN:Y To: Mayor Roy D. Buol and Members of the City Council DATE: March 25, 2010 RE: Repeal of Cell Phone Ordinance With the adoption of the state legislation on texting and cell phone use, it is necessary to repeal the City ordinance. The state legislation takes effect July 1, 2010. The City Council will need to decide whether the repeal of the City ordinance will take effect immediately upon publication of the repeal ordinance or on July 1 when the state legislation takes effect. Attached is an ordinance with alternative effective dates. BAL:tls Enclosure cc: Michael C. Van Milligen, City Manager Mark Dalsing, Chief of Police F:\ USERS \tsteckle\Lindahl\ Memos\ MayorCouncil_ RepeaIQfCeIIPhoneOrdinance _032510.doc OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001 -6944 TELEPHONE (563) 583 -4113 / FAx (563) 583 -1040 / EMAIL balesq @cityofdubuque.org REPEALING ORDINANCE NO. 11 -10 PROHIBITING THE USE OF AN ELECTRONIC COMMUNICATIONS DEVICE WHILE OPERTING A MOTOR VEHICLE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Ordinance No. 11 -10 is repealed effective upon publication of this Ordinance. Attest: Passed, approved and adopted this day of , 2010 Jeanne F. Schneider, City Clerk ORDINANCE NO. -10 Roy D. Buol, Mayor F:\ USERS \tsteckle \Lindahl\ Ordinances\ RepealingOrdNo11- 10_ CellPhoneOrdinanceEffUponPublication _032510.doc REPEALING ORDINANCE NO. 11 -10 PROHIBITING THE USE OF AN ELECTRONIC COMMUNICATIONS DEVICE WHILE OPERTING A MOTOR VEHICLE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Attest: Section 1. Ordinance No. 11 -10 is repealed effective July 1, 2010. Passed, approved and adopted this day of , 2010 Jeanne F. Schneider, City Clerk ORDINANCE NO. -10 Roy D. Buol, Mayor F: \USERS \tsteckle \Lindahl\ Ordinances\ RepealingOrdNo11- 10_ CellPhoneOrdinanceEffJulyl _032510.doc ORDINANCE 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: 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. Attest: eanne F. Schnei City Clerk er, CMC Roy . Buol, Mayor