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HomeMy WebLinkAboutOrd 2019-10 ORDINANCE NO. 19-10 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS TOWN CODE, CHAPTER 12 "TRAFFIC CONTROL," RELATING TO USE OF PORTABLE ELECTRONIC DEVICES, AND DECLARING AN EMERGENCY RECITALS: WHEREAS, the Mayor and the Council of the Town of Fountain Hills(the"Town Council")adopted Ordinance No. 18-06 to prohibit the use of portable electronic devices while driving in order to mitigate the threat to public safety from such conduct; and WHEREAS, the Governor of the State of Arizona on April 22, 2019 signed and approved HB 2318, which amends Chapter 28 of ARIz. REV. STAT. to provide for a statewide ban on use of portable wireless communication devices while driving; and WHEREAS, HB 2318 permits Arizona municipalities with existing local ordinances to, among other things, change local ordinances to mirror the provisions of HB 2318 and continue enforcement activities until such time as the provisions of HB 2318 are fully enforced; and WHEREAS, the Town Council desires to amend Chapter 12 of the Town Code, Section 12-2-13 "Use of Portable Electronic Device; Prohibited Conduct; Exceptions" and Section 12-2-14 "Penalties" 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. ENACTMENTS: NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The recitals set forth above are hereby incorporated as if fully set forth herein. SECTION 2. Sections -2-13 and 12-2-14 of the Town Code are amended as set forth in Exhibit A. SECTION 3. If any section, subsection, clause, phrase or portion of 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 portable electronic 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. ORDINANCE 19-10 PAGE 2 PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, August 13, 2019. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: bi‘ ;7 Ginny ickey, ayor Elr2abet . Burke, Town lerk REVIEWED BY: APPROVED AS TO FORM: t . r Grady E. Mille To n Manager aron D. Arnson, Town Attorney ORDINANCE 19-10 PAGE 3 EXHIBIT A TO ORDINANCE 19-10 [TOWN CODE SECTIONS 12-2-13 AND 12-2-14] Section 12-2-13 Use of Portable Wireless Communication Devices Electronic Device• A. Unless a motor vehicle is parked or stopped at a traffic light or railroad crossing pursuant to A.R.S. § 28-645(A)(3) or A.R.S. § 28-851, a person may not operate a motor vehicle on a street or highway if the person does either of the following: A person shall not of non-voice interpersona , ' g, emaili► and instant messagiing, while the motor vehicle bicycle i it ini-rmrrotion. 1. Physically holds or supports with any part of the person's body either of the following: a. A portable wireless communication device, except that a person may use a portable wireless communication device with an earpiece, headphone device or device worn on a wrist to conduct a voice-based communication. b. A stand-alone electronic device. 2. Writes, sends or reads any text-based communication, including a text message, instant message, e-mail or internet data, on a portable wireless communication device or stand-alone electronic device. This paragraph does not apply to either of the following: a. The use of voice-based communications, including through the use of a portable wireless communication device or stand-alone electronic device, to direct the writing, sending, reading or other communicating of any text- based communication. b. The use of a portable wireless communication device or stand-alone device when used in a hands-free manner for: Navigation of the motor vehicle. ii. Use of a global positioning system. iii. Obtaining motor vehicle information or information related to driving a motor vehicle. ORDINANCE 19-10 PAGE 4 B. This section does not prohibit the operation of a motor vehicle while using a device, including a device that is accessible through an interface that is embedded in a motor vehicle, that allows communication without the use of either of the driver's hands, except to activate or deactivate a function of the device. 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 , motor vehicle and arc operated hands-free so that the user composes, sends, accesses, communicates, or receives messages or data without the use of a hand rent to actiyato deactivate nr initiate the hands-free use. 3. cc traffic, a traffic light, stop sign, or otherwise, but excludes operating a motor remain stationary. C. Exceptions. This section does not apply to: any of the following. 1. An operator of an authorized emergency, law enforcement or probation vehicle who uses a portable wireless communication device while acting in an official capacity. situation. a. An emergency response operator; b. An ambulance company; c. Fire department and rescue service personnel; d. Law enforcement personnel; c. A hospital; or f. A physician's office or health clinic. 2. An operator who is licensed by the federal communications commission while operating a radio frequency device other than a portable wireless communication device. electronic device is securely configured and attached to the vehicle or integrated into the vehicle. ORDINANCE 19-10 PAGE 5 3. An operator who uses a two-way radio or private land mobile radio system, within the meaning of 47 Code of Federal Regulations part 90, while in the performance and scope of the operator's work-related duties and who is operating a fleet vehicle or who possesses a commercial driver license. Law enforcement and public safety personnel, and persons operating authorized emergency vehicles, scope-of-his-of-her-duties, 4. An operator who uses a portable wireless communication device either: a. To report illegal activity or summon emergency help. b. That was permanently or temporarily affixed to the motor vehicle to relay information in the course of the operator's occupational duties between the operator and either: A dispatcher. ii. A digital network or software application service. D. A person who violates this section is subject to a civil penalty as follows: Enforcement and Penalties. 1. At least $75 but not more than $149 for a first violation. Any peace officer may viol is section is occurring. 2. At least $150 but not more than $250 for a second or subsequent violation. Any hall be guilty of a civil traffic violation and shall , , red dollars offense within a twenty four (2 ) month period 3. Aggravated. A person commits aggravated use of a-portable electronic device when} he Of s-h-e violates subsection (A) and in committing the violation he or she o another and the violation was the of-a-pertablq,leleotronic device shall beg meanor. E. A peace officer who stops a motor vehicle for an alleged violation of this section may not take possession of or otherwise inspect a portable wireless communication device in the possession of the operator unless otherwise authorized by law. F. For purposes of this section: 1. Portable wireless communication device": ORDINANCE 19-10 PAGE 6 a. Means a cellular telephone, a portable telephone, a text-messaging device, a personal digital assistant, a stand-alone computer, a global positioning system receiver or a substantially similar portable wireless device that is used to initiate or receive communication, information or data. b. Does not include a radio, citizens band radio, citizens band radio hybrid, commercial two-way radio communication device or its functional equivalent, subscription-based emergency communication device, prescribed medical device, amateur or ham radio device or in-vehicle security, navigation or remote diagnostics system. 2. "Stand-alone electronic device" means a portable device other than a portable wireless communication device that stores audio or video data files to be retrieved on demand by a user." G. Pursuant to A.R.S. § 28-914(H), this section is void and shall be of no force or effect on and after January 1, 2021. Section 12-2-14 Penalties Except as otherwise provided herein, Vviolations of this article shall be punishable as set forth in Chapter 1, Article 1-8, Section 1-8-2, Subsection B, of this code.