10-1457 City Code "Kassy's Law" - Prohibiting Texting While Driving OrdinanceCITY OF MERIDIAN ORDINANCE NO. t O_ ~ y 5
BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA
"KASSY'S LAW"
AN ORDINANCE REPEALING TITLE 7, CHAPTER 1, SECTION 9 OF THE
MERIDIAN CITY CODE, REGARDING IMPOUNDING OF VEHICLES; AND
REPLACING WITH A NEW TITLE 7, CHAPTER 1, SECTION 9, REGARDING
TEXTING WHILE DRIVING; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Kassandra Lou "Kassy" Kerfoot, a 2009 graduate of Meridian High School,
died on December 29, 2009, at age 18, due to injuries sustained in an accident that occurred
because she was texting while driving and lost control of her vehicle, and the Mayor and City
Council of the City of Meridian seek to recognize in this terrible loss an opportunity to educate
drivers on the dangers of texting while driving and prevent similar tragedy in our community;
WHEREAS, in recent years there has been a proliferation of drivers who choose to use
cellular telephones or other wireless electronic devices to write, send, and/or read text-based
communications while driving motor vehicles;
WHEREAS, distractions caused by such devices, including the act of texting while
driving significantly impair drivers' reaction time, increase crash risk, and has in fact resulted in
traffic accidents, injuries, and deaths within the City of Meridian, particularly among less
experienced drivers;
WHEREAS, the City Council of the City of Meridian deems it to be in the best interest
of the health, safety and welfare of its citizens to prohibit drivers within the City limits from
engaging in text messaging while driving in order to improve roadway safety for all vehicle
operators, passengers, bicyclists, pedestrians, and other road users; and
WHEREAS, by the passage of Idaho Code section 49-1819, effective July 1, 2010, the
Idaho legislature expressly preempted municipal code provisions regarding towing of vehicles;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE CITY OF MERH)IAN, IDAHO:
Section 1. That Title 7, Chapter 1, Section 9 of the Meridian City Code is hereby
repealed, and shall be replaced with "Kassy's Law," to read as follows:
7-1-9: TEXTING WHILE DRIVING PROHIBITED:
Texting while operating a motor vehicle while such vehicle is in motion shall be prohibited. A
first and/or second violation of this section shall be an infraction, punishable by a fine of
seventy-five dollars ($75). A third and/or subsequent violation of this section shall be a
TEXTING WHILE DRIVING ORDINANCE PAGE 1 OF 2
misdemeanor, punishable by a fine of up to three hundred dollars ($300), or by imprisonment in
the county jail for up to ninety (90) days, or both such fine and imprisonment.
"Texting," as it is used in this section, shall be defined as engaging in the review, preparation,
and/or transmission of a typed or pictorial message via a wireless, handheld device. This
definition shall not include: the use of avoice-operated or hands-free device to review, prepare,
and/or transmit a message without the use of either hand except to activate, deactivate, or initiate
a feature or function of such voice-operated or hands-free device; the use of any device to dial a
telephone number, initiate a telephone call, and/or verbally communicate; or the use of a mobile
data terminal by law enforcement, fire, or emergency medical personnel while acting in the
course and scope of their duties.
"Wireless, handheld device" as it is used in this section, shall be defined as an electronic device
which communicates or transmits a typed or pictorial information by electromagnetic waves or
radio frequency and which is designed to be held or used by, or is actually held or used by, a
human hand or hands. This term shall include, but shall not be limited to, cellular telephones,
satellite telephones, pagers, computers, mobile messaging devices, tactile texting devices,
personal electronic devices, personal digital assistants, and/or any device with two or more such
capabilities.
Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this
ordinance are hereby voided.
Section 3. That this ordinance shall be effective on November 1, 2010.
PASSED by the City Council of the City of Meridian, Idaho, this 12th day of October,
2010.
APPROVED by the Mayor of the City of Meridian, Idaho, this 12th day of October,
2010.
APPROVED:
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Tammy de W rd
Mayor
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