HomeMy WebLinkAbout01/15/2008 16 Adoption of RCW for Cell Phone Use and Text Messaging While Driving; YMC Amendment 9.46.020 • BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No
For Meeting of January 15, 2008
ITEM TITLE An ordinance relating to traffic enforcement; adopting Revised
Code of Washington (RCW) 46 61 667 entitled Cell Phone Use
While Driving and RCW 46 61 668 entitled Text Messaging
While Driving, and amending chapter 9 46 020 of the City of
Yakima Municipal Code
SUBMITTED BY. Cynthia Martinez, Senior Assistant City Attorney
CONTACT PERSON/TELEPHONE: Cynthia Martinez, 575 -6033
SUMMARY EXPLANATION: The City of Yakima has adopted the Model Traffic
Ordinance (MTO) with a couple of exceptions Many of the traffic regulations that
apply to the entire state are added to the MTO, alleviating the need for the City to
adopt many changes to the state traffic code RCW 46 61 667 entitled Cell Phone
• Use While Driving and RCW 46 61 668 entitled Text Messaging While Driving were
adopted by the State Legislature in 2007, but have not been added to the MTO
Attached are the full texts of these statutes The prohibition of the use of a cell
phone while driving goes into effect on July, 1 2008 and the prohibition of text
messaging while driving went into effect January 1, 2008 In order to adjudicate
these matters in the City of Yakima Municipal Court the Yakima City Council needs
to adopt these statutes Yakima police officers may issue an infraction ticket for a
violation of the text messaging prohibition at this time, but until this City Ordinance, if
adopted, goes into effect, those tickets will have to be handled by the Yakima
County District Court. These infractions are secondary actions In other words an
officer cannot stop a vehicle solely for a violation of these statues
Resolution Ordinance Contract Other(Specify)
Contract Mail to (name and address)
Phone
Funding Source
APPROVED FOR SUBMITTAL.
ity Manager
STAFF RECOMMENDATION. Pass Ordinance
BOARD /COMMISSION RECOMMENDATION. N/A
' COUNCIL ACTION:
• ORDINANCE NO. 2008-
AN ORDINANCE relating to Traffic, adopting Revised Code of Washington
(RCW) 46 61 667 entitled CeII Phone Use While Driving and
RCW 46 61 668 entitled Text Messaging While Driving, and
amending chapter 9 46 020 of the City of Yakima Municipal
Code
BE IT ORDAINED BY THE CITY OF YAKIMA.
Section 1. Chapter 9 46 020 of the City of Yakima Municipal Code is
hereby amended to read as follows
9 46 020 Deletions and modifications to the Model Traffic Ordinance
A. Deletions. The following sections of the Model Traffic Ordinance are
not adopted as part of the City of Yakima Municipal Code Washington
Administrative Code Sections 308 - 330 -115, 308 - 330 -127, 308 - 330 -250,
308 - 330 -255, 308 -330 -260, 308- 330 -265, 308 - 330 -325, 308 - 330 -327, 308-
330 -500, 308 - 330 -505, 308 - 330 -510, 308 - 330 -515, 308 - 330 -520, and 308-
• 330 -525
B Modifications
(4)- 308 - 330 -408 WAC as adopted by the City of Yakima is modified to
read as follows.
1. The following sections of the Revised Code of Washington (RCW)
pertaining to obedience to and effect of traffic laws, traffic signs, signals and
markings as now or hereafter amended are adopted by reference as a part
of this chapter in all respects as though such sections were set forth herein
in full. RCW 46 61 005, 46 61 015, 46 61 020, 46 61 021, 46 61 022,
46 61 025, 46 61 030, 46 61 035, 46 61 050, 46 61 055, 46 61 060,
46 61 065, 46 61 070, 46 61 072, 46 61 075, 46 61 080, 46 61 085, and
46 61.220
2. The following sections of the Revised Code of Washington (RCW)
pertaining to miscellaneous rules as now or hereafter amended are adopted
by reference as part of this chapter in all respects as though such sections
were set forth herein in full. RCW 46.61.667 and 46.61.668.
Section 2 This ordinance shall be in full force and effect 30 days after its
passage, approval, and publication as provided by law and by the City
Charter
44 ' cim/Ordmance adopting TrafficRCW/ page 1 of 2
PASSED BY THE CITY COUNCIL, signed and approved this 15th day of
•
January, 2008
ATTEST David Edler, Mayor
City Clerk
Publication Date
Effective Date
cim/Ordinance adopting TrafficRCW/ page 2 of 2
• *46.61.667. Using a wireless communications device while driving (Effective
July 1, 2008)
(1) Except as provided in subsection (2) of this section, a person operating a moving
motor vehicle while holding a wireless communications device to his or her ear is guilty of
a traffic infraction
(2) Subsection (1) of this section does not apply to a person operating
(a) An authorized emergency vehicle, or a tow truck responding to a disabled vehicle,
(b) A moving motor vehicle using a wireless communications device in hands -free mode,
(c) A moving motor vehicle using a hand -held wireless communications device to
(i) Report illegal activity,
(ii) Summon medical or other emergency help,
(iii) Prevent injury to a person or property,
(d) A moving motor vehicle while using a hearing aid
• (3) Subsection (1) of this section does not restrict the operation of an amateur radio
station by a person who holds a valid amateur radio operator license issued by the
federal communications commission
(4) For purposes of this section, "hands -free mode" means the use of a wireless
communications device with a speaker phone, headset, or earpiece
(5) The state preempts the field of regulating the use of wireless communications devices
in motor vehicles, and this section supersedes any local laws, ordinances, orders, rules,
or regulations enacted by a political subdivision or municipality to regulate the use of
wireless communications devices by the operator of a motor vehicle
(6) Enforcement of this section by law enforcement officers may be accomplished only as
a secondary action when a driver of a motor vehicle has been detained for a suspected
violation of this title or an equivalent local ordinance or some other offense
(7) Infractions that result from the use of a wireless communications device while
operating a motor vehicle under this section shall not become part of the driver's record
under RCW 46.52.101 and 46.52.120 Additionally, a finding that a person has committed
a traffic infraction under this section shall not be made available to insurance companies
or employers
■►46.61.668. Sending, reading, or writing a text message while driving
(Effective January 1, 2008)
(1) Except as provided in subsection (2) of this section, a person operating a moving
ill
motor vehicle who, by means of an electronic wireless communications device, other than
a voice - activated global positioning or navigation system that is permanently affixed to
the vehicle, sends, reads, or writes a text message, is guilty of a traffic infraction A
person does not send, read, or write a text message when he or she reads, selects, or
enters a phone number or name in a wireless communications device for the purpose of
making a phone call
(2) Subsection (1) of this section does not apply to a person operating
(a) An authorized emergency vehicle, or
(b) A moving motor vehicle while using an electronic wireless communications device to
(i) Report illegal activity,
(ii) Summon medical or other emergency help,
(iii) Prevent injury to a person or property, or
(iv) Relay information between a transit or for -hire operator and that operator's
dispatcher, in which the device is permanently affixed to the vehicle.
(3) Enforcement of this section by law enforcement officers may be accomplished only as
III
a secondary action when a driver of a motor vehicle has been detained for a suspected
violation of this title or an equivalent local ordinance or some other offense
(4) Infractions under this section shall not become part of the driver's record under RCW
46.52.101 and 46.52.120 Additionally, a finding that a person has committed a traffic
infraction under this section shall not be made available to insurance companies or
employers
n
�"` Y%t�
=Z '�' OFFICE OF THE CIT} MANAGER
1 V 129 North Second Street
t ; _'. -0 , , $.,
•
1 CITY H4I.I_, 1akima, Washington 98901
' Phone (509) 575 -6040
MEMORANDUM
TO All City Employees
FROM Dick Zais, City Manage
SUBJ New State Laws
DATE January 9, 2008
This memo is a reminder for all City Employees regarding two new state laws regarding driving
while using a cell phone and /or text message device
Effective January 1, 2008, it is illegal for a person operating a moving motor vehicle to send,
read, or write a text message by means of an electronic wireless communications device (other
than a voice - activated global positioning or navigation system that is permanently affixed to the
vehicle) Under the law, a person does not send read, or write a text message when he or she
reads, selects, or enters a phone number or name in a wireless communications device for the
purpose of making a phone call. The only exceptions are for persons operating
(1) An authorized emergency vehicle, or
(2) A moving motor vehicle while using an electronic wireless communications device to
(i) Report illegal activity;
• (ii) Summon medical or other emergency help
(iii) Prevent injury to a person or property; or
(iv) Relay information between a transit or for -hire operator and that operator's
dispatcher in which the device is permanently affixed to the vehicle
RCW 46 61 668
Effective July 1, 2008 it will be illegal for a person to operate a moving motor vehicle while
holding a wireless communications device to his or her ear The exceptions to this law are for a
person operating
(1) An authorized emergency vehicle or a tow truck responding to a disabled vehicle
(2) A moving motor vehicle using a wireless communications device in hands -free mode
(1 e a speaker phone headset, or earpiece)
(3) A moving motor vehicle using a hand -held wireless communications device to
(i) Report illegal activity;
(ii) Summon medical or other emergency help
(iii) Prevent injury to a person or property
(4) A moving motor vehicle while using a hearing aid
RCW 46 61 667
Please contact your supervisor if you have any questions about this memo You will be
expected and required to obey these laws while on -duty and/or driving a City of Yakima vehicle
Yakima
Thank you in advance for your cooperation and assistance Tr, !! r
YAKIMA CITIZENS SPECIAL ELECTIONS COMMITTEE
P O Box 183
Yakima, WA 98907
January 15, 2008
Mayor Dave Edler
Yakima City Council
129 North 2" Street
Yakima, WA 98901
Re Public Hearing
Dear Mayor Edler and Members of the Yakima City Council,
As you may be aware, Yakima School District No 7, which serves the City of Yakima, has
requested a Replacement Educational Program Maintenance and Operation Levy be presented to
the voters on February 19, 2008 This levy will replace the district's current levy, which expires
December 2008 This is not a new tax.
If approved by voters, it is estimated that the taxpayers will pay approximately $2 80 per $1,000
of assessed property value This is $ 09 less than the current rate
If approved, the levy will generate
$11 95 million in 2009,
$12 31 million in 2010,
$12 68 million in 2011, and
$13 06 million in 2012
This letter is a formal request that the Yakima City Council schedule a public hearing at its
February 5, 2008 meeting to obtain public input for the Yakima School District Maintenance and
Operation Levy to be held on February 19, 2008
Inasmuch as the Yakima School District serves the City of Yakima, the council's support for this
measure is requested.
Sincerely,
Melanie • ilmore, Co;Chair
Yakim Citizens Sp ial Elections Committee