The Public Safety Committee will make a recommendation to the Huron City Commission Monday night asking that the Commission approve a Distracted Driving ordinance. The decision on Monday night will simply decide if the City of Huron will or will not proceed with the recommendation. It could very well be killed Monday night, or set up to appear as a first reading at a future City Commission meeting. The draft ordinance is posted below…
16.12.300 Distracted Driving
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(1) Distracted driving shall be prohibited. A person found guilty of distracted driving shall be subject to the fines and penalties set forth in § 1.04.130.
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(a) A person shall not use a mobile telephone or other electronic device, including those with handsfree accessories, while operating a moving school bus that is carrying passengers; provided, that this section shall not apply to a school bus driver who places an emergency call to school officials or to the exceptions set forth in § 16.12.305
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(b) A person under the age of 18 or who holds a learner’s permit shall be prohibited from using any mobile telephone or other electronic device, including those with hands-free accessories, while operating a moving motor vehicle on a public highway except in an emergency, as set forth in § 16.12.305.
16.12.305 Exceptions to Distracted Driving
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The provisions of this section shall not apply to calling 911 to report an emergency.
16.12.310 Enforcement
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Enforcement of 16.12.300(1) shall be accomplished as a secondary action. Enforcement of 16.12.300 (1)(a) and 16.12.300 (1)(b) shall be accomplished as a primary action.
DEFINITIONS
16.04.200 Distracted Driving.
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“Distracted driving” means inattentive driving while operating a motor vehicle that results in the unsafe operation of the vehicle where such operation is caused by reading, writing, performing personal grooming, interacting with pets or unsecured cargo, using personal communications technologies, or engaging in any other activity which causes distractions.
16.04.205 Hands Free Accessory
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“Hands-free accessory” means an attachment, add- on, built-in feature, or addition to a mobile telephone, whether or not permanently installed in a motor vehicle, that when used allows the vehicle operator to maintain both hands on the steering wheel.
16.04.210 Mobile Telephone
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“Mobile telephone” means a cellular, analog, wireless, or digital telephone capable of sending or receiving telephone messages without an access line for service.
16.04.215 Other Electronic Device
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“Other electronic device” includes, but is not limited to, hand-held computers, pagers, and video games.
16.04.220
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“Text” or “texting” means using an electronic wireless communications device to compose, send, receive, or read a written message or image using a text-based communication system, including communications referred to as a text message, instant message, or electronic mail.
16.04.225 Use
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“Use” means talking, placing, texting, or receiving a call, or attempting to place, text, or receive a call, on a wireless communications device, including a mobile telephone.