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19-1857 Cell Phones while operating a vehicleCITY OF MERIDIAN ORDINANCE NO. S I BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, LITTLE ROBERTS, MILAM, PALMER AN ORDINANCE ADDING MERIDIAN CITY CODE SECTION 7-1-14, PROHIBITING THE USE OF HANDHELD WIRELESS DEVICES WHILE OPERATING A VEHICLE UPON A STREET OR HIGHWAY WITHIN THE CITY OF MERIDIAN; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, distracted driving adversely impacts public safety by contributing to traffic accidents, injuries, and fatalities; WHEREAS, the use of handheld wireless devices while operating a vehicle is a cause of distracted driving; and, WHEREAS, the use of handheld wireless devices while on the roadway in a vehicle on a street or highway can be a cause of road rage and distracted driving; and WHEREAS, an ordinance prohibiting the use of handheld wireless devices while operating a vehicle would reduce distracted driving and enhance public safety; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That section 7-1-14 is added to the Meridian City Code as follows: 7-1-14: USE OF HANDHELD WIRELESS DEVICES: A. PROHIBITED ACTS: It shall be unlawful to use a handheld wireless device while operating- a vehicle upon a street or highway within the City of Meridian. B. EXCEPTIONS: This provision shall not apply to the following: 1. Use of a handheld wireless device in a voice -operated mode, where the operator of the vehicle does not hold or manually perate the device, except to activate or deactivate the voice -operated function of the device. 2. Use of a navigation feature on a handheld wireless device, provided that the operator of the vehicle does not hold or manually enter information into the device, except to activate or deactivate the navigation feature on the device. 3. Use of a handheld wireless device to report an emergency to a law enforcement agency, department health care provider, or other emergency services provider. ORDINANCE ADDING SECTION 7-1-14 PAGE 1 4. Use of a handheld wireless device while the vehicle is parked off the roadway. S. Use of a handheld wireless device by a peace officer, firefi hg ter, paramedic, emergency medical technician, or other public safety first responder during the performance of that person's official duties. 6. Use of a handheld wireless device by a public utility employee or contractor actin within ithin the scope of that person's employment while responding to a public utility emergency. C. DEFINITIONS: The definitions set forth in Title 49, Chapter 1, Idaho Code shall apply to terms used in this section. Further, for purposes of this section, the following terms shall be defined as follows: Handheld Wireless Device. Any handheld or portable electronic device capable of receiving, producing displaying or providing wireless data or voice communication. "Handheld wireless device" shall not include a radio designed for the citizen band service or the amateur radio service of the Federal Communications Commission or a commercial two -Hay radio communications device. A PENALTIES: 1. Every person who violates this section shall be guilty of an infraction and punishable by a fixed penalty of $90.00 plus court costs. 2. A conviction under this section shall not result in violation point counts as prescribed in section 49-326, Idaho Code. In addition, a conviction under this section shall be deemed to a non-moving traffic violation and shall have no points assessed as prescribed by Idaho Code. E. SEVERABILITY If anyprovision or section of this Ordinance shall be held to be invalid by a court of competent jurisdiction then such provision or section shall be considered separately and apart from the remaining provisions or sections of this Ordinance, which shall remain in full force and effect. Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. ORDINANCE ADDING SECTION 7-1-14 PAGE 2 Qr,6 Section 3. That this ordinance shall be effective upon its passage, publication afrd j, J PASSED by the City Council of the City of Meridian, Idaho this dayof , 2019. nd APPROVED by the Mayor of the City of Meridian, Idaho, this �ay of �G 2019. APPROVED: a y e -Weerd, Mayor ORDINANCE ADDING SECTION 7-1-14 PAGE 3 to�he l ATTEST: city AUGUS l 7� O� NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 19- P8 5 An ordinance adding Meridian City Code section 7-1-14, prohibiting the use of handheld electronic devices while driving a vehicle; adopting a savings clause; and providing an effective date. A full text of this ordinance is available for inspection at Meridian City Hall, 33 E. Broadway Avenue, Meridian, Idaho. This ordinance shall be effective upon its passage and publication. First Reading: / o "ZZ'( Adopted after first reading by suspension of the rule as allowed pursuant tVdaho Code Zor f ri § 50-902: YES NO CouncilSecond Reading:l�l ' By: Chris J son, City Clerk Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 19- I The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance no. 19- lc—�-% of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). DATED this A A day of eah �Z' , 2019. 6AQ / -w(. William L.M. Nary, City Attorney ORDINANCE ADDING SECTION 7-1-14 PAGE 4 IDAHO PRESS-TRIBUNE EMMETT MERIDIAN KUNA BOISE WKLY C/O ISJ PAYMENT PROCESSING CENTER PO BOX 1570 POCATELLO ID 83204 (208)467-9251 Fax (208)475-2321 ORDER CONFIRMATION (CONTINUED) Salesperson: LEGALS Printed at 10/28/19 08:39 by sje14 ----------------------------------------------------------------------------- Acct #: 351462 Ad #: 1960105 Status: New WHOLD WHOLD LEGAL NOTICE NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 19-1857 An ordinance adding Merid- ian City Code section 7-1-14, prohibiting the use of hand- held electronic devices while driving a vehicle; adopting a savings clause; and providing an effective date. A full text of this ordinance is available for inspection at Meridian City Hall, 33 E. Broadway Av- enue, Meridian, Idaho. This ordinance shall be effective upon its passage and publi- cation. City of Meridian Mayor and City Council By: Chris Johnson, City Clerk First Reading: 10/22/2019 Adopted after first reading by suspension of the rule as allowed pur suant to Idaho Code § 50-902: YES_X_ Second Reading: N/A Third Reading: N/A STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 19-1857 The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 19- 1857 of the City of Mer idian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Ida- ho Code § 50-901A(3). DATED this 22nd day of October, 2019. William L.M. Nary, City Attorney November 1, 2019 1960105 IDAHO PRESS-TRIBUNE EMMETT MERIDIAN KUNA BOISE WKLY C/O ISJ PAYMENT PROCESSING CENTER PO BOX 1570 POCATELLO ID 83204 (208)467-9251 Fax (208)475-2321 ORDER CONFIRMATION Salesperson: LEGALS Printed at 10/28/19 08:39 by sje14 ----------------------------------------------------------------------------- Acct #: 351462 Ad #: 1960105 Status: New WHOLD 1 MERIDIAN, CITY OF Start: 11/01/2019 Stop: 11/01/2019 33 E. BROADWAY AVENUE Times Ord: 1 Times Run: *** MERIDIAN ID 83642 LEG 1.00 X 61.00 Words: 210 Total LEG 61.00 Class: 0006 GOVERNMENT NOTICES Rate: LG Cost: 45.14 # Affidavits: 1 Contact: MACHELLE HILL Ad Descrpt: ORD 19-1857 Phone: Given by: ADRIENNE WEATHERLY Fax#: P.O. #: Email: accountspayable@meridiancity Created: sje14 10/28/19 08:36 Agency: Last Changed: sje14 10/28/19 08:39 ----------------------------------------------------------------------------- PUB ZONE EDT TP RUN DATES MP A 96 S 11/01 ----------------------------------------------------------------------------- AUTHORIZATION Under this agreement rates are subject to change with 30 days notice. In the event of a cancellation before schedule completion, I understand that the rate charged will be based upon the rate for the number of insertions used. _____________________________________ _____________________________________ Name (print or type) Name (signature) (CONTINUED ON NEXT PAGE)