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CORRECTED COPY ORDINANCE NUMBER 3400 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 10.20.310 AND 10.20.320 GENERALLY PROHIBITING THE USE OF 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 10.20.310 AND 10.20.320 BE ADOPTED AS FOLLOWS: Section 1. 10.20.310 General pProhibition of 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 mobile telephone or other electronic communication device 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. When two-way radio service is not available to a police officer, they are allowed to use their cell phone. Use of a device that does not support duplex communications such as 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. 10.20.320. Penalty. 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 $100.00 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 $150.00 which may not be suspended or waived up to a maximum of $500.00; 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 $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 ---PAGE BREAK--- CORRECTED COPY 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 6 ayes, 5 nays, 0 abstain and 1 absent and PARTIALLY VETOED by the Mayor on the 8th day of June, 2009 as shown above. The council did not vote to sustain or override the Mayor’s veto. ATTEST: APPROVED: Martha L. Rehbein John Engen Martha L. Rehbein John Engen City Clerk Mayor (SEAL)