Full Text
April 10, 2009 3rd Draft ORDINANCE NUMBER AN ORDINANCE OF THE MISSOULA CITY COUNCIL AMENDING MISSOULA MUNICIPAL CODE TITLE 10, ENTITLED “VEHICLES AND TRAFFIC”, CHAPTER 10.20 ENTITLED “OPERATION OF VEHICLES” BY ADOPTING AND ESTABLISHING NEW SECTIONS 10.20.300, 10.20.310 and 10.20.320 GENERALLY PROHIBITING THE USE OF HAND-HELD MOBILE TELEPHONES AND OTHER ELECTRONIC COMMUNICATION DEVICES WHILE SIMULTANEOUSLY OPERATING A MOTOR VEHICLE OR A BICYCLE ON A PUBLIC HIGHWAY. BE IT ORDAINED BY THE MISSOULA CITY COUNCIL THAT TITLE 10, CHAPTER 10.20, SECTIONS 10.20.300 AND 10.20.310 BE ADOPTED AS FOLLOWS: Section 1. 10.20.300 General prohibition of hand-held mobile telephone and other electronic communication device use while operating a motor vehicle or riding a bicycle on a public highway. No person operating a motor vehicle or a bicycle on a public highway within the city limits of Missoula shall use a hand-held mobile telephone or other electronic communication device while operating a motor vehicle or riding a bicycle within the city limits unless the mobile telephone or electronic communication device is equipped with a hands-free accessory and the operator of the motor vehicle or bicycle is not in any way holding or supporting the mobile telephone or other electronic communication device with their hands, shoulder, or other parts of their body. For the purpose of this section, a hands-free accessory means the use of a wireless communication device with a speaker phone, headset, or earpiece. (CB) The provisions of this section shall not apply to the following factual circumstances: Emergency use of a mobile telephone or other electronic communication devices, including calls to 911, a hospital, an ambulance service provider, a fire department, or a law enforcement agency; Use of a mobile telephone or other electronic communication device by law enforcement and emergency personnel or by a driver of an authorized emergency vehicle acting within the scope of official duties during an emergency. Use of a two-way mobile transmitter or receiver. Law enforcement officers may not require a person operating a motor vehicle or bicycle who may be in violation of this section to stop except upon reasonable cause to believe that the operator has violated another traffic regulation or that the driver's vehicle is unsafe or not equipped as required by law; or upon reasonable cause to believe that the operator is using an electronic communication device to write, send, or read text messages. Section 2. 10.20.310 Additional restrictions on use of mobile telephone or other electronic communication device by holders of driver’s license learner’s permits. A person who holds a Traffic Education Learner’s License, a Learner’s License or a First Year Restricted License (pursuant to Montana’s graduated driver’s licensing program MCA 61-5-131 through 61-5-135) shall be prohibited from using any mobile telephone or other electronic communication device, including those with hands-free accessories, while operating a moving motor vehicle on a public highway, except in an emergency, as set forth in 10.20.300 MMC. Section 3. 10.20.320. Penalty. The penalty for a violation of city ordinances regulating mobile telephone or other electronic communication device usage while operating a motor vehicle or riding a bicycle shall be a ---PAGE BREAK--- April 10, 2009 3rd Draft minimum fine of $10050.00 which may not be suspended or waived up to a maximum fine of $500.00. Incarceration shall not be a penalty with respect to violations of city ordinances regulating mobile telephone or other electronic communication device usage while operating a motor vehicle or riding a bicycle. The following penalty schedule shall apply to city ordinance violations of city ordinances regulating mobile telephone or other electronic communication device usage while operating a motor vehicle or riding a bicycle: The minimum penalty for a first offense shall be $10050.00 which may not be suspended or waived up to a maximum of $500.00; The minimum penalty for a second or subsequent offense occurring within a twelve month time period of any prior cell phone ordinance offense shall be $15075.00 which may not be suspended or waived up to a maximum of $500.00; The minimum fine for a third or subsequent offense occurring within twelve months of any prior offense shall be $100.00 which may not be suspended or waived up to a maximum of $500.00; (34) If any vehicle crash investigation determines that a cell phone was in use by a vehicle operator involved in the crash at the time the crash occurred, the minimum fine shall be $200.00 $350.00 which may not be suspended or waived up to a maximum of $500.00. Severability. If any section, subsection, sentence, clause, phrase or word of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The council hereby declares that it would have passed this ordinance and each section subsection, sentence, clause, phrase, and words thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or words have been declared invalid or unconstitutional, and if for any reason this ordinance should be declared invalid or unconstitutional, then the remaining ordinance provisions will be in full force and effect. PASSED by a vote and APPROVED on this of 2009. ATTEST: APPROVED: Martha L. Rehbein John Engen City Clerk Mayor (SEAL)