HomeMy WebLinkAboutBIL 066 Draft 01 2008-2010
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COUNTY OF HAWAII STATE OF HAWAII
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BILL NO. 66
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 24, HAWAII COUNTY CODE 1983 (2005
EDITION, AS AMENDED), RELATING TO INATTENTION TO DRIVING.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 24, article 7, division 3, Hawaii County Code 1983 (2005
Edition, as amended), is amended by adding a new section to be appropriately designated and to
read as follows:
"SECTION 24- Use of mobile electronic devices while operating a vehicle.
(a) As used in this section, unless the context clearly requires otherwise:
"Emergency responders" include fire fighters, emergency medical service
technicians, mobile intensive care technicians, civil defense workers, police
officers, and federal and state law enforcement officers.
"Mobile electronic device" means any hand-held or other portable
electronic equipment capable of providing wireless and/or data communication
between two or more persons or of providing amusement, including but not
limited to a cellular phone, text messaging device, paging device, personal digital
assistant, laptop computer, video game, or digital photographic device, but does
not include any audio equipment or any equipment installed in a motor vehicle for
the pumose of providing navigation, emergency assistance to the operator of the
motor vehicle, or video entertainment to the passengers in the rear seats of the
motor vehicle.
"Operate a motor vehicle" means to drive or assume actual physical
control of a vehicle upon a public way, street, road, or highway.
"Use or using" means holding a mobile electronic device while operating
a motor vehicle."
bb It shall be a violation under this section to operate a motor vehicle while
using a mobile electronic device, unless used with a hands-free device.
Any person convicted of violating this subsection shall be subject to a
maximum fine of $150.
(c) Whoever operates any vehicle while using a mobile electronic device,
unless used with a hands-free device, in a manner as to cause a collision
with, or injury or damage to, as the case may be, any person, vehicle, or
other property shall be fined not more than $500 or imprisoned not more
than thirty days, or both.
The use of a mobile electronic device for the sole purpose of making a
"911" emergency communication shall be an affirmative defense to this
ordinance.
(e) The following persons shall be exempt from the provisions of subsections
(b) and (c):
Emergency responders using a mobile electronic device while in
the performance and scope of their official duties;
Drivers using two-way radios while in the performance and scope
of their work-related duties."
SECTION 2. New material is underscored. In printing this ordinance, the underscoring
need not be included.
SECTION 3. If any provision of this ordinance or the application thereof to any person
or circumstance, is held invalid, the invalidity does not affect other provisions or applications of
the ordinance which can be given effect without the invalid provision or application, and to this
end the provisions of this ordinance are severable.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL M BER, CO Y A AI`I
Hawaii
Date of Introduction:
Date of I" Reading:
Date of 2A Reading:
Effective Date:
REFERENCE, Comm. -26-~
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