06-20 - MOBILE ELECTRONIC DEVICES WHILE DRIVING

Ordinance NO. ORD-6-20

BY THE COUNCIL BAGEANT, CLEGG , HALLYBURTON, SANCHEZ, THOMSON AND WOODINGS

AN ORDINANCE AMENDING BOISE CITY CODE TITLE 6, MOTOR VEHICLES AND TRAFFIC, TO ENACT A NEW CHAPTER 18, ENTITLED "USE OF A MOBILE ELECTRONIC DEVICES WHILE DRIVING"; PROVIDING LEGAL AUTHORITY, PURPOSE AND SCOPE FOR THIS ORDINANCE; PROVIDING FOR DEFINITIONS; PROHIBITING USE OF MOBILE ELECTRONIC DEVICES WHILE DRIVING GENERALLY; PROVIDING FOR CERTAIN EXCEPTIONS TO THE PROHIBITION AGAINST USE MOBILE ELECTRONIC DEVICES WHILE DRIVING; PROVIDING FOR AN INFRACTION PENALTY; PROVIDING THAT THE INFRACTION SHALL NOT BE DEEMED A MOVING VIOLATION AND SHALL NOT RESULT IN POINTS BEING ASSESSED; APPROVING A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the city of Boise City (“City”) is dedicated to the protection of its citizens' health, safety, and welfare; and

WHEREAS, the use of handheld mobile electronic devices while driving a motor vehicle results in distracted driving; and

WHEREAS, the National Highway Traffic Safety Administration reported in its Traffic Safety Facts on Distracted Driving 2016, of the 3,450 people killed in the United States in motor vehicle crashes involving distracted drivers that year, 14% of those fatal crashes involved distracted driving by cellular phones use; and

WHEREAS, eliminating the use of handheld mobile electronic devices while driving a motor vehicle will reduce distracted driving.

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BOISE CITY, IDAHO:

Section 1. That existing Boise City Code Title 6, shall be, and hereby is, amended to add a new chapter, Chapter 18 Use of Mobile Electronic Devices While Driving, to read as follows:

CHAPTER 18

USE OF MOBILE ELECTRONIC DEVICES WHILE DRIVING

6-18-1: LEGAL AUTHORITY:

6-18-2: PURPOSE:

6-18-3: SCOPE:

6-18-4: DEFINITIONS:

6-18-5: PROHIBITED USE OF MOBILE ELECTRONIC DEVICES:

6-18-6: EXCEPTIONS:

6-18-7: PENALTIES:

6-18-1: LEGAL AUTHORITY:

Idaho Code sections 50-302, 50-314, and 49-208 authorize the City to regulate, limit, and control traffic and parking within its boundaries.

6-18-2: PURPOSE:

The use of mobile electronic devices while driving creates hazards to other drivers, passengers, and pedestrians. The purpose of this chapter is to restrict the use of mobile electronic devices by drivers who are in actual physical control of motor vehicles, which will promote and enhance the health, safety, and welfare of the public.

6-18-3: SCOPE:

This chapter sets forth standards and requirements applicable to the use of mobile electronic devices while a driver is in actual physical control of a motor vehicle while on a public roadway, street, or alley within the City's limits.

6-18-4: DEFINITIONS:

For the purposes of this chapter, the following terms, phrases, words, and derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. Words used throughout this chapter, but not defined herein or in chapter 1 of this title, shall have their plain, ordinary, and common meaning. Words in any gender shall apply to the feminine, masculine, and neuter genders.

ACTUAL PHYSICAL CONTROL: Being in the driver's position of a motor vehicle with the motor running.

HANDS-FREE MODE OF OPERATION: The use of a mobile electronic device or attachment to such a device, in a manner that allows a user to engage in wireless or data communication without requiring a physical touching or manipulation of the device, except to activate, deactivate, or initiate such function while one hand remains on the steering wheel.

MOBILE ELECTRONIC DEVICE: Any handheld or portable electronic equipment capable of receiving, producing, displaying or providing wireless or data communication between two (2) or more persons or c a p a b l e o f providing amusement, including, but not limited to, a cellular phone, text messaging device, paging device, personal digital assistant, laptop computer, video or music player, or a digital photographic or recording device capable of capturing videos or photographs.

OPERATOR: An individual who is in actual physical control of a motor vehicle.

6-18-5: PROHIBITED USE OF MOBILE ELECTRONIC DEVICES:

It shall be unlawful for any operator of a motor vehicle on a public roadway, street, or alley within the City's limits to use a mobile electronic device, except as otherwise provided in this chapter.

6-18-6: EXCEPTIONS:

The prohibited use of mobile electronic devices as set forth in this chapter shall not apply to the following:

A. Use of a mobile electronic device in a hands-free mode of operation by an operator of a motor vehicle.

B. Use of a mobile electronic device by an operator of a motor vehicle that is stopped, standing, or parked in a parking space or is otherwise pulled off of, or over to the side of a public roadway, street, or alley outside of a traffic lane, or in a location where such vehicle can safely remain stationary.

C. Use of a mobile electronic device to report an emergency to a law enforcement agency, fire

department, health care provider, or other emergency services provider.

D. Use of a mobile electronic device by a peace officer, firefighter (paid or volunteer), paramedic, emergency medical technician, or other first-responder during the performance of that person's official duties.

E. Use of a mobile electronic device by a public utility employee or contractor acting within the scope of that person's employment while responding to a public utility emergency.

F. Use of a mobile electronic device by an operator of a commercial motor vehicle, using such a device in accordance with applicable federal regulations.

G. Use of a radio designed for the citizen band (i.e., “C.B. Radio”) service or the amateur radio service of the Federal Communications Commission, or a commercial two-way radio communications device.

6-18-7: PENALTIES:

A. A person violating any provision of this chapter shall be guilty of an infraction, subject to penalty as provided in section 1-4-2 of this Code, excluding court costs and fees. There is no right to a trial by jury of a citation or complaint for an infraction. Such trials shall be held before the court without a jury.

B. A conviction under this chapter shall be deemed a non-moving traffic violation and shall have no points assessed as prescribed by Idaho Code section 49-326.

Section 2. That the summary of this Ordinance, attached as Exhibit A, be, and the same is hereby, approved as to both form and content.

Section 3. That this Ordinance shall be in effect immediately upon its passage, approval, and publication.

Passed March 3, 2020