Consideration and Adoption of Ordinance No.  2014-20:  An Ordinance prohibiting the use of wireless communication devices while operating a motor vehicle or bicycle. 

The Flagstaff Police Department, in collaboration with the Flagstaff City Attorney’s Office, is requesting the approval of Ordinance 2014-20, which would prohibit the use of wireless communication devices while operating a motor vehicle or bicycle.

Coconino County adopted a distracted-driving ordinance that is applicable within incorporated areas of the County.  On May 20, 2014, a resolution of the Council of the City of Flagstaff, Arizona, declared the use of portable communication devices in the City of Flagstaff to be a matter of local concern and such matter will be governed by a City Ordinance.

There is no financial impact to the City of Flagstaff by adopting this ordinance. 

Effective governance   

 Council  adopted a resolution enabling the City to opt out of the County's distracted driving ordinance on May 20, 2014. (See Page 2 under Community Involvement for further information). After the option was selected at the July 1, 2014, meeting first read of the Ordinance occurred.

• Adopt Ordinance 2014-20 prohibiting the use of wireless communication devices while operating a motor vehicle or bicycle.  
• Amend Ordinance 2014-20
• Do not adopt Ordinance 2014-20

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.
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.

Adopting Ordinance 2014-20 may deter individuals from using wireless communication devices while operating a motor vehicle or bicycle. It is believed that an ordinance prohibiting the use of a wireless communication device will enhance all motorist safety and change driving behavior. The use of a wireless communication device is considered to be a distraction. Distractions endanger the driver, passenger, and bystanders. The U.S. Department of Transportation defines three main types of distraction, visual, manual and cognitive. Text messaging, and other similar uses of wireless electronic devices, require visual, manual and cognitive attention from the driver and, are considered to be the worst common distraction to drivers. 
   
The draft ordinance that Council considered had two options.  The first option was to ban only texting and similar communication while driving.  It would allow those activities while stopped, such as at a railroad crossing.  It would also allow dialing a phone number, checking a calendar, hitting a key on a phone to play music, and activities involving wireless devices other than written communication.  The second option is more similar to the County’s ordinance with an exception for amateur radio operators.

At the July 1, 2014, the Council chose to move forward with Option 1 and held first read of the Ordinance. The ordinance attached is the final document.

The Flagstaff Police Department believes that increased education is the key element of this ordinance. It will deter individuals from using wireless communication devices while operating a motor vehicle or bicycle.

There has been prior discussion of a proposed ordinance. During the Council work session on April 29, 2014, the Mayor and Council were presented with a PowerPoint presentation, discussing the County ordinance that had been passed by the Board of Supervisors on April 22, 2014. Much of the discussion was about whether the City should decide to opt in or opt out of the County Ordinance.  At the conclusion of the presentation there was a consensus to have the City Attorney provide legal information about the options and the Council would make an opt in or opt out decision at the next Council meeting.

On May 13, 2014, during the Council work session, a PowerPoint presentation was presented and further discussion occurred with respect to opting in or opting out of the County Ordinance.  At the conclusion of the presentation, staff was directed by Council to move forward with drafting  an ordinance and a resolution declaring the use of portable communication devices in the City of Flagstaff to be a matter of local concern and such matter will be governed by a City ordinance.   The resolution was adopted May 20, 2014.

The proposed ordinance and staff summary will be posted in accordance with law, and interested persons are invited to comment at the City Council meetings at which the ordinance will be under consideration. 

Do not adopt Ordinance No. 2014-20
Amend Ordinance No. 2014-20