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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