Ordinance NO. 2013-7

BEFORE THE TOWN COUNCIL
TOWN OF MOUNTAIN VIEW
STATE OF COLORADO

ORDINANCE NO. 2013-7

TITLE: AN ORDINANCE AMENDING CHAPTER 8 OF THE MOUNTAIN VIEW MUNICIPAL CODE BY THE ADDITION THERETO OF A NEW SECTION 8-11-150 GOVERNING MISUSE OF A WIRELESS TELEPHONE

THE TOWN COUNCIL OF THE TOWN OF MOUNTAIN VIEW, COLORADO, ORDAINS THAT:

Section 1. The Town of Mountain View Municipal Code is amended by the addition thereto of a new Section 8-11-150 to read as follows:

Section 8-11-150. Misuse of a wireless telephone.

(a) As used in this Section:

(1) “Emergency” means a situation in which a person: has reason to fear for such person’s life or safety or believes that a criminal act may be perpetrated against such person or another person, requiring the use of a wireless telephone while the car is moving; or reports a fire, a traffic accident in which one or more injuries are apparent, a serious road hazard, a medical or hazardous materials emergency, or a person who is driving in a reckless, careless, or otherwise unsafe manner.

(2) “Operating a motor vehicle” means driving a motor vehicle on a public highway, but shall not mean maintaining the instruments of control while the motor vehicle is at rest in a shoulder lane or lawfully parked.

(3) “Use” means talking on or listening to a wireless telephone or engaging the wireless telephone for text messaging or other similar forms of manual data entry or transmission.

(4) “Wireless telephone” means a telephone that operates without a physical, wireline connection to the provider’s equipment, including without limitation cellular and mobile telephones.

(b) While operating a motor vehicle, a person under eighteen (18) years of age shall not use a wireless telephone.

(c) While operating a motor vehicle, a person eighteen (18) years of age or older shall not use a wireless telephone for the purpose of engaging in text messaging or other similar forms of manual data entry or transmission.

(d) Subsection (b) or (c) hereof shall not apply to a person who is using the wireless telephone to contact a public safety entity or during an emergency.

(e)  Violations.(1) An operator of a motor vehicle shall not be cited for a violation of subsection (b) hereof unless the operator was under eighteen (18) years of age and a law enforcement officer saw the operator use a wireless telephone.(2) An operator of a motor vehicle shall not be cited for a violation of subsection (c) hereof unless the operator was eighteen (18) years of age or older and a law enforcement officer saw the operator use a wireless telephone for the purpose of engaging in text messaging or other similar forms of manual data entry or transmission.

(f)  This Section shall not be construed to authorize the seizure and forfeiture

of a wireless telephone, unless otherwise provided by law.

(g) This Section does not restrict operation of an amateur radio station by a person who holds a valid amateur radio operator license issued by the Federal Communications Commission.

Section 2. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Mountain View, that it is promulgated for the health, safety and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that this Ordinance bears a rational relation to the proper legislative object sought to be attained.

Section 3. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances.

Section 4. Effective Date. This Ordinance shall become effective ten ( 10) days after passage.

INTRODUCED, FIRST READ, PASSED, AND ORDERED POSTED ON FIRST AND FINAL READING THIS 13TH DAY OF MAY, 2013

PASSED, ADOPTED, AND APPROVED ON SECOND READING THIS 1OTH DAY OF JUNE 2013