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 Ordinance No. 11 -10 is repealed effective upon publication of this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 Ordinance No. 11 -10 is repealed effective July 1, 2010.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