Pursuant to a City Council Initiative, the City Attorney’s Office was directed to research a ban on text messaging and/or cell phone usage while driving an automobile and to draft a proposed ordinance prohibiting varying degrees of cell phone usage while driving. The Council also appointed an Ad Hoc Advisory Committee on Distracted Driving Prevention to provide recommendations as to a draft ordinance that would address distracted driving. The attached ordinance was presented to the City Council by Ad Hoc committee members and Deputy City Attorney Craig Hensel during a Work Session on July 6, 2010. Members of the Ad Hoc Committee also presented statistics and data collected from multiple sources detailing the dangers of distracted driving. The Ad Hoc Advisory Committee unanimously recommended approval of the proposed ordinance.

MCA Sec. 7-1-4123 authorizes cities to enact ordinances required to “preserve peace and order and secure freedom from dangerous or noxious activities” and “secure and promote the general public health and welfare”. Distracted driving is becoming an increasing traffic safety concern nationwide, and many jurisdictions have taken steps to limit cell phone usage while driving a motor vehicle. A 2009 Montana Senate bill which would have prohibited using a cell phone while operating a motor vehicle, but the bill died in committee. Missoula currently has an ordinance which prohibits using a mobile telephone or other electronic communications devices to write, read, or send text messages while operating a motor vehicle or riding a bicycle. Butte-Silver Bow County is currently considering a proposal to ban texting while driving an automobile.

The attached proposed ordinance was drafted after the Ad Hoc committee reviewed legislation from multiple other jurisdictions and after extensive debate among the Ad Hoc Committee members. The proposed ordinance would prohibit any use of cell phones while driving an automobile, unless that use was entirely hands-free. The prohibition has some exceptions: it would not apply to passengers, drivers who had parked their cars out of lanes of traffic, or persons reporting a health, fire, safety, or police emergency even while driving. The Ad Hoc Committee is also recommending a delayed effective date of October 1, 2010, to allow time to educate the public about the new ordinance.

The Council may:

• Approve the proposed ordinance prohibiting texting and cell phone usage while driving; or
• Not approve the proposed ordinance prohibiting texting and cell phone usage while driving.

There is no anticipated cost to the City to enact any of these ordinances.

Staff recommends the Council approve the attached ordinance.