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Home My WebLink AboutCOM 0262.002 2008-2010PETE HOFFMANN <Y g~ a • ~ Phone: (808) 887-2043 (R~aimea) ~ ° • Vice Chair ~' ~~~ j~;'~ k 808 96i-8273 Hilo ~ ~ ~ ~ 0 2 r District 9 -North & Soulh Kohala ;. ~..: ,F•Mji~ •~ Fax: (808) 887-2 7 Email.' phoffmann ~lco.hawaii.hi. us O Hawai `i County Council County of Hawai `i Holomua Center o 64-1067 M6malahoa Highway, Suite C-~ °e.~ Kamuela, Hawaii 96743 ~ ' ;{ ~ ~ u ~' ~- ~., i I~ TO: J Yoshimoto, Council Chair -; ~. ~:, and Members of the Hawaii County Council `-" ~ - - ~ ~ete Hoffmann, Council Vice Chair FROM: ~ _ " cn fV Date: Apri129, 2009 Subject: Proposed Amendments to Bill 66 Relating to Inattention to Driving The following proposed amendments are the result of discussion amongst Council members, input from the chief of police, and public comments all occurring at the Public Safety and Parks and Recreation Committee held on April 21, 2009. Amendments are illustrated via Ramseyer format, with respect to the contents of Bill 66. I. Section 1, Section 24-_ (c) is amended to read as follows: "(c) Whoever operates any vehicle while using a mobile electronic device, unless used with ahands-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 ro ert shall be fined not more than $500 a ~°' ..,°"° P P Y ["'" 2. Section 1, Section 24-_ (e) is amended to read as follows: "(e) The following persons shall be exempt from the provisions of subsections (b) and (c): (1) Emergency responders using a mobile electronic device while in the performance and scope of their official duties; (2) Drivers using two-way radios while in the performance and scope of their work-related duties[.-], and Drivers holding a valid amateur radio operator license issued by the federal communications commission and using half-duplex two-way radio." Comm. No. a2 ~ Z' Z Ref. To: ~ L Serving the Lnterests of the People of Our /s/and Ref. as#e tu1AY ~ 1 Z(]~g /lawai'i County is an Egual Opportunity Provider and Employer Apri129, 2009 Page 2 of 2 3. Section 4 is amended to read as follows: "This ordinance shall take effect [~~r^~'a~-~-approves'.] on October 1, 2009." A draft of Bill 66, Draft 2, is attached with the proposed amendments contained in this communication incorporated. Bolding has been provided for illustrative purposes only. Thank you. PH/kf Attachment 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. ~ As used in this section unless the context clearly requires otherwise: "Emergency responders" include fire fighters, emerQeney medical service technicians mobile intensive care technicians, civil defense workers, police officers and federal and state law enforcement officers. "Mobile electronic device" means anv 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 ~aeing device personal digital assistant laptop computer video game or digital photographic device, but does not include anv audio equ~ment or anv equipment installed in a motor vehicle for the purpose 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 usine_" means holding a mobile electronic device while operative, a motor vehicle." (b) It shall be a violation under this section to operate a motor vehicle while using a mobile electronic device, unless used with ahands-free device. Andperson convicted of violative 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 ahands-free device, in a manner as to cause a collision with or iniury or damage to, as the case may be, andperson, vehicle, or other property shall be fined not more than $500. (d) 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 bandc: 11 Emereencv responders using a mobile electronic device while in the performance and scope of their official duties; (2) Drivers using two-wav radios while in the performance and scope of their work-related duties; and (3) Drivers holdin¢ a valid amateur radio operator license issued by the federal communications commission and using half- duplex two-way radio." 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 on October 1, 2009.