1. Handheld DevicesCITY 01
7
City Of Kalispell
OFFICE OF THE CITY MANAGER
MONTANA
TO: Mayor Fisher and Kalispell City Council
FROM: Doug Russell, City Manager 0/e-,
MEETING DATE: November 26, 2012
SUBJECT: Handheld Devices
At a previous Council meeting, the topic of enacting a handheld device ordinance was discussed
with direction provided to staff to develop an ordinance for future consideration. Attached is a
sample ordinance provided by Chief Nasset. It is requested that Council discuss the sample
ordinance and provide direction for respective action.
www.kalispell.com
AN ORDINANCE AMENDING THE CITY OF KALISPELL MUNICIPAL CODE
REGARDING THE REGULATION OF THE USE OF HANDHELD DEVICES WHILE
OPERATING A MOTOR VEHICLE TO BE CODIFIED AT CHAPTER 17,
DECLARING AN EFFECTIVE DATE, AND AUTHORIZING THE CITY ATTORNEY
TO CODIFY THE SAME.
WHEREAS, the Kalispell Municipal Ordinances do not currently specifically regulate the use
of handheld devices while operating a motor vehicle; and
WHEREAS, the Kalispell City Police, and law enforcement in general, reports increasing
numbers of distracted driving incidents involving the use of handheld devices
while operating a motor vehicle; and
WHEREAS, it is in the best interests of the public health and safety of the City and its residents
to amend the Municipal Code regulating the use of handheld devices while
operating a motor vehicle in the City in order to reduce the number of distracted
driving incidents.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. The City of Kalispell Municipal Code codified at Chapter 17 of the
Code is hereby amended as set forth in Exhibit "A", attached
hereto and incorporated fully herein by this reference.
SECTION 11. The City Attorney is hereby authorized and directed to recodify
this Ordinance.
SECTION 111. This Ordinance shall take effect thirty (30) days after its final
passage.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL THIS DAY OF 2012.
Tammi Fisher
Mayor
Theresa White
City Clerk
Handheld Electronic Device: Includes wireless or cellular phones, personal digital assistants
(PDAs), Blackberry's, smartphones, 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 communication device that uses shortwave
analog or digital radio transmissions between the devices and a transmitter to permit wireless
communications to and from the user to 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.
A. Use; Possession: No person shall use or have in their immediate physical possession a
handheld electronic communications device while operating a motorized vehicle, motorcycle,
quadricycle, bicycle or other mode of transportation while on a public highway as defined in
Montana Code Annotated section 61-1-101 (23) within the city limits.
B. Immediate Physical Possession: Means touching the handheld 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:
1. 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 Montana Code Annotated section 61-8-102(2)(a).
3. This provision shall not apply to passengers in a motor vehicle, or persons using a handheld
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.
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 one
hundred dollars ($100.00) shall be imposed, and for each repeat violation, a civil penalty of not
more than three hundred dollars ($300.00) shall be imposed.