Ordinance 1719 - FAILED - Regulating Use of Handheld Devices While Driving12/17/2012 — FAILED ON A 3-6 VOTE
ORDINANCE NO. 1719
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 hand held 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 hand held 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 II. The City Attorney is hereby authorized and directed to recodify
this Ordinance.
SECTION III. 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 2013.
Tammi Fisher
Mayor
ATTEST:
Theresa White
City Clerk
Exhibit "A"
Chapter 17 MOTOR VEHICLES AND TRAFFIC
Article 3 OPERATION OF VEHICLES
17-1 Definitions (additions)
Handheld Electronic Communication 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.
Hand 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.
17-22 Care and Prudence Required.
17-22-1 Use of Handheld Electronic Communications Devices
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" for voice
communication, provided the driver does not touch the wireless or cellular
telephone through which that device functions while operating or using the
vehicle.
5. This provision shall not apply to drivers using two-way radios while in the
performance and scope of their work related duties.
D. Violation; Penalty: Beginning July 1, 2013, 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.