2. Hand Held DevicesCity of Kalispell
OFFICE OF THE CITY MANAGER
TO: Mayor Fisher and Kalispell City Council
FROM: Doug Russell, City Manager
DATE: September 20, 2012
SUBJECT: Hands Free Device Discussion
A council member has requested to have a discussion related to a hands -free device ordinance.
For discussion purposes, attached to this memo is the ordinance from the City of Whitefish for
their hands -free device ordinance.
It is requested that the City Council discuss this topic and provide direction to staff in relation to
any future consideration of a similar ordinance in Kalispell.
www.kalispelf.com
ORDINANCE NO. 11-10
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WHITEFISH, MONTANA,
PROHIBITING THE USE OF HAND HELD ELECTRONIC COMMUNICATIONS DEVICES
WHILE OPERATING A MOTOR VEHICLE.
WHEREAS, the regulations regarding motor vehicles and traffic are found at Title 6
of the Whitefish City Code; and
WHEREAS, the use of mobile telephones and other electronic communications
devices while operating a motor vehicle has been determined to cause a driving distraction.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
Whitefish, Montana, as follows:
Section 1: Title 6, MOTOR VEHICLES AND TRAFFIC, of the Whitefish City Code
shall be amended by adding new definitions and a new chapter entitled USE OF HAND
HELD ELECTRONIC COMMUNICATIONS DEVICES WHILE OPERATING A MOTOR
VEHICLE as follows:
Section 6-4-1. DEFINITIONS: As used in this chapter, the following terms
shall have the meanings indicated herein, unless the context otherwise
clearly requires that another meaning is intended:
HAND HELD ELECTRONIC Includes wireless or cellular phones,
COMMUNICATIONS DEVICE: personal digital assistants (PDAs),
Blackberries, smart phones, laptop and
notebook computers utilizing VOIP (voice
over internet protocol) technology,
wireless and cellular phones utilizing
push -to -talk technology, GPS systems,
navigational systems, and any other
mobile communications device that uses
short -wave analog or digital radio
transmissions between the device and a
transmitter to permit wireless
communications to and from the user of
the device.
HANDS FREE DEVICE: An external device that connects to a
wireless telephone, wireless
communications device or electronic
communications device that allows use of
the device without touching the telephone
or wireless or electronic communications
device with one's hands, and includes
voice -activated technologies that can be
utilized without touching the device,
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Section 6-4-2. ELECTRONIC COMMUNICATIONS DEVICES: Electronic
communications device usage while driving prohibited.
A. No person shall use or have in their immediate physical possession a
hand held electronic communications device while operating a motor
vehicle, motorcycle, quadricycle, or a bicycle on a public highway as
defined in Section 61-1-101(23), MCA within the city limits.
B. "Immediate physical possession" means touching the hand held
electronic communications device, or physically holding the device in
one's hand or up to one's ear. Simply having the electronic
communications device on one's person or in a motor vehicle does
not constitute immediate physical possession.
C. Exceptions:
This provision shall not apply to any person reporting a health,
fire, safety, or police emergency.
2. This provision shall not apply to governmental fire agencies,
ambulance services, law enforcement agencies, emergency
responders, or any other "Authorized Emergency Vehicle" as
defined in Section 61-8-102(2)(a), MCA.
3. This provision shall not apply to passengers in a motor vehicle,
or persons using a hand held electronic communications
device while maintaining a motor vehicle in a stationary
position, not in gear, while in a parking lane or space out of
moving traffic lanes.
4. This provision shall not apply to persons using a "hands free
device." use of a hands free device is permitted while
operating a motor vehicle provided the driver does not touch
the wireless telephone or wireless or electronic
communications device with one's hands while operating a
motor vehicle.
5. This provision shall not apply to drivers using two-way radios
while in the performance and scope of their work -related
duties.
6. This provision shall not apply to drivers holding a valid amateur
radio operator license issued by the Federal Communications
Commission while using a two-way radio.
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D. Violation; Penalty: A person who violates this section shall be
deemed to have committed a municipal infraction, a civil offense, and
for a first violation, a civil penalty of not more than $100.00 shall be
imposed, and for each repeat violation, a civil penalty of not more
than $300.00 shall be imposed.
Section 2: In the event any word, phrase, clause, sentence, paragraph, section or
other part of the Ordinance set forth herein is held invalid by a court of competent
jurisdiction, such judgment shall affect only that part held invalid, and the remaining
provisions thereof shall continue in full force and effect.
Section 3: This Ordinance shall take effect ninety (90) days after its adoption by the
City Council of the City of Whitefish, Montana, and signing by the Mayor thereof.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
WHITEFISH, MONTANA, THIS 20T DAY OF TUNE _ 2011
ATTEST:
Nec' e �orang, City Clerk
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MICHA ,t'ENSON, MAYOR