7.
City Council Work Session
- Meeting Date:
- 05/13/2014
- Co-Submitter:
- Walt Miller, Deputy Chief
- From:
- Walt Miller, Deputy Chief
- Department:
- Police Department
Co-Submitter:
TITLE:
Discussion of Coconino County Ordinance No. 2014 -03: Ban of Portable Communication Devices and Texting While Operating a Motor Vehicle
DESIRED OUTCOME:
Option one: Opt in: Approve by resolution the application or enforcement of such ordinance within the boundaries of the city.
Option two: Opt out of the ordinance and draft our own ordinance: Upon (30) thirty days’ notice to the County, the City may rescind such approval by resolution if the matter is governed or to be governed by the city.
- County Ordinance becomes effective on May 22, 2014; however there is a six (6) month “no enforcement” period to warn and education the public.
- This six month window will allow us to make changes to County Ordinance on issues that have been discussed.
Option two: Opt out of the ordinance and draft our own ordinance: Upon (30) thirty days’ notice to the County, the City may rescind such approval by resolution if the matter is governed or to be governed by the city.
- Draft our own ordinance to address the issues of local concern.
INFORMATION:
On April 22, 2014 the Coconino County Board of Supervisors unanimously approved County Ordinance 2014-03 which states that; A person shall not drive a motor vehicle while using a portable communications device to engage in a call unless that device is specifically designed and configured to allow hands-free listening and talking, and is used exclusively in that manner while driving. Texting and typing are banned while operating a motor vehicle.
This Ordinance is effective 30 days after adoption by the Coconino County Board of Supervisors. However, for the purpose of informing and educating persons who operate motor vehicles and motor driven cycles any law enforcement office may only issue verbal warnings to persons who would be violating this Coconino County Ordinance for a six (6) month period after the Ordinance is adopted.
Under this ordinance enforcement may apply to the unincorporated and incorporated areas in the county.
Enforcement and penalties under this ordinance are as follows; A law enforcement officer may stop a motor vehicle or motor driven cycle if the officer has reasonable cause to believe a violation of this Ordinance is occurring (primary offense).
A violation of this article is a civil traffic violation and a person found to be in violation of this Ordinance and not involved in a motor
vehicle collision is subject to a civil penalty of $100 dollars.
A person found to be in violation of this Ordinance and involved in a motor vehicle collision is subject to a civil penalty of $250 dollars.
The Ordinance does allow for exemptions such as when a driver has pulled off of the traveled portion of the roadway in a safe and legal location and placed the vehicle in park in order to operate a handheld portable communications device. (please refer to attachment for further exemptions)
This Ordinance is effective 30 days after adoption by the Coconino County Board of Supervisors. However, for the purpose of informing and educating persons who operate motor vehicles and motor driven cycles any law enforcement office may only issue verbal warnings to persons who would be violating this Coconino County Ordinance for a six (6) month period after the Ordinance is adopted.
Under this ordinance enforcement may apply to the unincorporated and incorporated areas in the county.
Enforcement and penalties under this ordinance are as follows; A law enforcement officer may stop a motor vehicle or motor driven cycle if the officer has reasonable cause to believe a violation of this Ordinance is occurring (primary offense).
A violation of this article is a civil traffic violation and a person found to be in violation of this Ordinance and not involved in a motor
vehicle collision is subject to a civil penalty of $100 dollars.
A person found to be in violation of this Ordinance and involved in a motor vehicle collision is subject to a civil penalty of $250 dollars.
The Ordinance does allow for exemptions such as when a driver has pulled off of the traveled portion of the roadway in a safe and legal location and placed the vehicle in park in order to operate a handheld portable communications device. (please refer to attachment for further exemptions)