HomeMy WebLinkAboutordinance.council.053-99 ORDINANCE NO.~, SERIES OF 1999
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, DEFINING AND REGULATING THE USE OF MOBILE
TELEPHONES WHILE OPERATING A MOTOR VEHICLE
WHEREAS, according to the New England4rournal of Medicine, Vol. 336, No. 7
(February 13, 1997), people talking on mobile telephones while driving are four times
more~likely to have an accident than those who~ are not, and
WHEREAS, a Norwegian study concluded that the use of mobile telephones increases
driver errors, in part by increasing reaction time, and
WHEREAS, the Aspen City Council believes that the operation of a motor vehicle on
public roadways in the City of Aspen while using a mobile telephone may cause the
operator to maintain less than full time attention to the operation of said motor vehicle,
and
WHEREAS, Council believes that the regulation of the use of mobile telephones while
operating a motor vehicle in the City will enhance the safety of persons operating motor
vehicles as welY'as enhance the safety of:pedestrians, and
WHEREAS, Council has not previously defined and regulated the use of mobile
telephones while operating a motor vehicle in the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO. THAT:
Section 1.
The Municipai Code of the City of Aspen, Colorado, is hereby amended by adding
a section which shall read as follows:
15.04.610 Use of Mobile Telephones While Operating a Motor Vehicle Prohibited.
(a) Definitions: As used in this section:
(1) "Mobile Telephone" is defined as and includes, but is not limited to. cellular.
analog, wireless, and digital telephones.
(2) "Use' is defined as the use ora mobile telephone in:
(A) Dialing
(B) Answering
(C) Talking
(D) Listening
(3) "Park" is defined as follows:
(A) For an automatic transmission vehicle that the vehicle is in the park gear
or is turned off and is not moving.
(B) For a standard transmission, vehicle that the vehicle is in the neutral gear
and the brake is being utilized or that the vehicle is turned off and not
moving.
(b) Restrictions on the use ora mobile telephone:
(1) N~ person shall operate a motor vehicle on any street or highway within the
City of Aspen while engaging in any conduct defined herein as the "use" of
a "mobile telephone" unless the operator maintains both hands on the
applicable steering device.
(2) This section does not apply to a persbn who is using th~ "mobile telephone":
(A) To contact a public safety force such as.the police or fire department, or
(B) With a 'hands free device" which atlows the operator to maintain both
hands on the vehicle while using the ,mobile telephone, or
(C) While the ~ehicle is ,varked on either private or public property, or
(D) In his or her official capacity as a law enforcement officer or fireman.
Section 2.
This ordinance shall not have any effect on' existing litigation and shall not operate as an
abatement'of any action or proceeding now pending under or by virtue of existing
ordinances, and the same shall be construed and concluded under such prior ordina~nces.
Section 3.
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
Section 4.
A public heating on the ordinance shall be held on the day of _, 1999,
in the City Council- Chambers, Aspen City Hall, 130 South Galena, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the
City Council' of the City of Aspen on the day of ,1999.
Rachel E. Richards, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY adopted, passed, and approved this day of ,
1999:
Rachel E. Richards, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
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