HomeMy WebLinkAboutOrd 2018-06ORDINANCE NO. 18-06
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING TOWN CODE CHAPTER 12
"TRAFFIC" BY RENUMBERING EXISTING SECTION 12-2-13
"PENALTIES"; ADOPTING SECTION 12-2-13 "USE OF PORTABLE
ELECTRONIC DEVICE; PROHIBITED CONDUCT; EXCEPTIONS"; AND
DECLARING AN EMERGENCY.
WHEREAS, the Town of Fountain Hills is concerned about the threat to public safety
created by drivers who are texting while driving; and
WHEREAS, the Town of Fountain Hills desires to prohibit such conduct in order to
mitigate the threat to public safety; and
WHEREAS, the Town Council has determined that it is in the best interest of the
residents of the Town of Fountain Hills to amend Chapter 12 of the Town Code, by renumbering
existing Section 12-2-13 "Penalties" as "12-2-14," and adopting Section 12-2-13 "Use of
Portable Electronic Devices; Prohibited Conduct; Exceptions" as set forth in Exhibit A; and
WHEREAS, the Town Council has determined that the changes to the Town Code are
necessary to protect the health, safety, and general welfare of the residents of Fountain Hills.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS as follows:
SECTION 1. The recitals above are hereby incorporated as if fully set forth herein.
SECTION 2. The use of portable electronic devices while driving shall be subject to the
requirements of Section 12-2-13 of the Town Code.
SECTION 3. If any section, subsection, clause, phrase or portion of this Ordinance or any part of
the Town Code Section 12-2-13 adopted by this Ordinance is for any reason held
invalid or unconstitutional by the decision of any court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions thereof.
SECTION 4. Because of the urgent need for the implementation of the Town's regulations
concerning the use of electronic portable devices while driving, and the
immediate operation of this Ordinance is necessary for the preservation of the
health, safety, and general welfare, an emergency is hereby declared to exist and
this Ordinance shall be in full force and effect from and after its passage and
approval by the Mayor and Council as required by law and is hereby exempt from
the referendum provisions of the Constitution and laws of the State of Arizona.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
April 17, 2018.
FOR THE TOWN OF FOUNTAIN HILLS:
_We
REVIEWED BY:
Grady Miller o n Manager
PHOENIX 77018-1 4500330
ATTESTED TO:
-
memdef. Town
APPROVED AS TO FORM:
DicVs_OYright PLLC, Town Attorney
EXHIBIT A
TO
ORDINANCE 18-06
[TOWN CODE SECTIONS 12-2-13 AND 12-3-14]
See following pages.
PHOENIX 77018-14500330
Section 12-2-13 Use of portable electronic device; prohibited conduct; exceptions
A. A person shall not operate a motor vehicle or a bicycle on a street, sidewalk, or
trail while using a portable electronic device to compose manually, send, or read
a written message for the purpose of non -voice interpersonal communication,
including but not limited to texting, emailing, and instant messaging, while the
motor vehicle or bicycle is in motion.
B. Definitions
1. "Hands-free use" means the use of a portable electronic device without
the use of either hand by employing an internal feature of, or an
attachment to, the device.
2. "Portable electronic device" means a wireless communication device that
is designed to engage in calls; and/or receive and transmit text, images,
and/or data; but excludes devices that are physically or electronically
integrated into a motor vehicle and are operated hands-free so that the
user composes, sends, accesses, communicates, or receives messages
or data without the use of a hand except to activate, deactivate or initiate
the hands-free use.
3. "Operating" means being in actual physical control of a motor vehicle or
p
bicycle on a street, sidewalk, or trail and includes being temporarily
stopped because of traffic, a traffic light, stop sign, or otherwise, but
excludes operating a motor vehicle or bicycle when pulled over to the side
of the road or off an active roadway and when stopped at a location in
which the motor vehicle or bicycle can safely remain stationary.
C. Exceptions. This section does not apply to any of the following:
1. The use of ap ortable electronic device for the sole purpose of
communicating with any of the following regarding an immediate
emergency situation:
a. An emergency response operator;
b. An ambulance company;
C. Fire department and rescue service personnel;
d. Law enforcement personnel;
e. A hospital; or
f. A physician's office or health clinic.
2. The activation or deactivation of hands-free use, as long as the portable
electronic device is securely configured and attached to the vehicle or
integrated into the vehicle.
3. Law enforcement and public safety personnel, and persons operating
authorized emergency vehicles, using a portable electronic device while
operating a vehicle in the course and scope of his or her duties.
D. Enforcement and Penalties.
1. Any peace officer may stop a motor vehicle or bicycle if the officer has
reasonable cause to believe a violation of this section is occurring.
2. Any person who violates this section shall be guilty of a civil traffic
violation and shall be fined one hundred dollars ($100.00) plus court
assessments for the first offense, two hundred fifty dollars ($250.00) plus
court assessments for a second offense, and five hundred dollars
($500.00) plus court assessments for any subsequent offense within a
twenty-four (24) month period.
3. Aggravated. A person commits aggravated use of a portable electronic
device when he or she violates subsection (A) and in committing the
violation he or she was involved in a motor vehicle or bicycle accident that
results in great bodily harm, permanent disability, disfigurement, or death
to another and the violation was a proximate cause of the injury or death.
Any person who commits aggravated use of a portable electronic device
shall be guilty of a Class 1 Misdemeanor.
(18-06, Adopted, 04/17/2018)
Section 12-2-14 Penalties
Violations of this article shall be punishable as set forth in Chapter 1, Article 1-8, Section
1-8-2, Subsection B, of this code.
(18-06, Renumbered, 04/17/2018; 12-02, Amended, 03/01/2012; 98-08, Added,
02/19/1998)