HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/04/2004 - FIRST READING OF ORDINANCE NO. 078, 2004, AMENDINGAGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL
ITEM NUMBER: 14
DATE: May 4, 2004
STAFF: Jeff Groves
SUBJECT
First Reading of Ordinance No. 078, 2004, Amending the Fort Collins Traffic Code to Add an
Increase in Penalties for Violations Committed While Using a Mobile Phone.
RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
EXECUTIVE SUMMARY
Cell phones, when used while driving a car, distract the driver from the primary task of driving.
Responsible driving requires drivers to focus on the operation of the vehicle, the road and any
potential hazards when they are behind the wheel. Fort Collins Police Services Traffic Enforcement
Unit officers have observed Fort Collins Traffic Code violations by drivers who are talking on cell
phones. These include speeding, running red lights and stop signs, improper turning and unsafe lane
changes. This Ordinance will not prohibit cell phone use while driving, but instead will increase
the penalty for a traffic violation if a Police Officer observes a violation occurring while the driver
is using a cell phone. This Ordinance is secondary in nature, and does not allow law enforcement
officers to stop drivers merely for cell phone use while driving. A traffic violation must be observed
first, and then second, the officer must also observe cell phone use in order for the enhanced penalty
to take effect.
ORDINANCE NO. 078, 2004
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE FORT COLLINS TRAFFIC CODE
TO ADD AN INCREASE IN PENALTIES FOR VIOLATIONS
COMMITTED WHILE USING A MOBILE PHONE
WHEREAS, on February 18, 2003, by Ordinance No. 016, 2003, the Council of the City of
Fort Collins adopted the Fort Collins Traffic Code (the "Traffic Code"); and
WHEREAS, at the time of the adoption of the Traffic Code, it was the understanding of staff
and Council that the Traffic Code would most likely be subject to future amendments; and
WHEREAS, the Council has determined that it is in the best interests of the City to amend
the Traffic Code to increase the penalties for violations committed while using a mobile phone.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the Fort Collins Traffic Code is hereby amended by the addition of a new Section
1713 which reads in its entirety as follows:
1713. Increase in penalty for traffic violations committed while using a mobile
telephone.
(1) Any operator of a motor vehicle who commits a traffic violation
while using a hand-held mobile telephone to engage in a call is
subject to an increase in the amount of fine that would otherwise be
imposed for the traffic violation.
(2) For purposes of this Section, the following terms have the following
meanings. "Mobile telephone" shall mean a device used by
subscribers and other users of wireless telephone service to access
such service. "Engage in a call" shall mean talking into, listening on,
or using the key pad of, a hand-held mobile telephone.
(3) An operator of a motor vehicle who holds a mobile telephone to or
near his or her ear while such vehicle is in motion is presumed to be
engaging in a call within the meaning of this Section. This
presumption is rebuttable by evidence tending to show that the
operator was not engaged in a call.
(4) The City shall post permanent signs at all roadways entering the city
notifying drivers of the increased penalty for violations involving cell
phone use.
Introduced and considered favorably on first reading and ordered published this 4th day of
May, A.D. 2004, and to be presented for final passage on the 18th day of May, A.D. 2004.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 18th day of May, A.D. 2004.
Mayor
ATTEST:
City Clerk