HomeMy WebLinkAbout2018-09 Amending Chapter 2 of Title 7 by Addition 7-2B-4 regarding Misuse of Cell Phone while DrivingORDINANCE NO. 9
SERIES 2017
AN ORDINANCE AMENDING CHAPTER 2 OF TITLE 7 OF THE VAIL
TOWN CODE BY THE ADDITION OF A NEW SECTION 7-2B-4
REGARDING MISUSE OF A WIRELESS TELEPHONE WHILE DRIVING
WHEREAS, on June 1, 2017, the Colorado General Assembly passed Senate
Bill 17-027, regarding the misuse of wireless telephones while driving; and
WHEREAS, the Town Council wishes to adopt certain provisions of Senate Bill
17-027.
NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Chapter 2 of Title 7 of the Vail Town Code is hereby amended by
the addition of a new Section 7-2B, to read as follows:
7-2B-4: MISUSE OF A WIRELESS TELEPHONE WHILE DRIVING:
A. As used in this Section, the following terms shall have the following
meanings:
1. "Emergency" means a situation in which a person: has
reason to fear for such person's life or safety or believes that a criminal act
may be perpetrated against such person or another person, requiring the
use of a wireless telephone while the car is moving; or reports a fire, a
traffic accident in which one or more injuries are apparent, a serious road
hazard, a medical or hazardous materials emergency, or a person who is
driving in a reckless, careless, or otherwise unsafe manner.
2. "Operating a motor vehicle" means driving a motor vehicle
on a public street, roadway or highway, but "operating a motor vehicle"
does not include maintaining the instruments of control while the motor
vehicle is at rest in a shoulder lane or lawfully parked.
3. "Use" means talking on or listening to a wireless telephone
or engaging a wireless telephone for text messaging or other similar forms
of manual data entry or transmission.
4. "Wireless telephone" means a telephone that operates
without a physical, wireline connection to the provider's equipment,
including without limitation cellular and mobile telephones.
B. A person under eighteen (18) years of age shall not use a wireless
telephone while operating a motor vehicle, except if the person is using
the wireless telephone to contact a public safety entity or during an
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emergency. An operator of a motor vehicle shall not be cited for a
violation of this Subsection unless a law enforcement officer saw the
operator use a wireless telephone.
C. A person shall not use a wireless telephone for the purpose of
engaging in text messaging or other similar forms of manual data entry or
transmission while operating a motor vehicle, unless the person is using
the wireless telephone to contact a public safety entity or during an
emergency. An operator of a motor vehicle shall not be cited for a
violation of this Subsection unless a law enforcement officer saw the
operator use a wireless telephone for the purpose of engaging in text
messaging or other similar forms of manual data entry or transmission in a
manner that caused the operator to drive in a careless and imprudent
manner, without due regard for the width, grade, curves, corners, traffic,
and use of the streets and highways and all other attendant
circumstances.
D. This Section shall not be construed to authorize the seizure and
forfeiture of a wireless telephone unless otherwise provided by law.
Section 2. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not affect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 3. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and
the inhabitants thereof.
Section 4. The amendment of any provision of the Vail Town Code, as
provided in this ordinance, shall not affect any right which has accrued, any duty
imposed, any violation that occurred prior to the effective date hereof, any prosecution
commenced, nor any other action or proceeding as commenced under or by virtue of
the provision amended. The amendment of any provision hereby shall not revive any
provision or any ordinance previously repealed or superseded unless expressly stated
herein.
Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
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INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 1711h day of April, 2018 and a
public hearing for second reading of this Ordinance is set for the 1st dayf May , 2018,
in the Council Chambers of the Vail MunicipalVail, C000ja Jo.
ATTEST:
Patty 1IC nny, Town Clerk
READ ANbA ROVED ON SECOND READING AND ORDERE
this 1st day of May, 2018.
`-BVe Chapin Mayo
PUBLISHED
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im ve Chap Mayor
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