HomeMy WebLinkAboutORDINANCES-2010-003-O-10• Effective March 15, 2010 1/4/2010
11 /19/2009
3-0-10
AN ORDINANCE
Enacting a New Section 10-3-13 of the Evanston City Code,
"Use of Mobile Telephones While Operating a Motor Vehicle"
NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That Title 10, Chapter 3 of the Evanston City Code of
1979, as amended, is hereby further amended by the enactment of a new Section 13
to read as follows:
10-3-13: USE OF MOBILE TELEPHONES WHILE OPERATING A MOTOR VEHICLE
(A) Definitions: For purposes of this Section, the following terms shall be applicable:
1. "Hands -free device" shall mean an external device that connects to a
mobile telephone that allows the user to engage in a telephone call without touching the
user's mobile telephone.
2. "Mobile telephone" shall mean a cellular, analog, wireless, or digital
telephone capable of sending or receiving telephone messages without an access line
for service.
3. "On -board communications device" shall mean a communications system
or device that is hard -wired into the motor vehicle.
4. "Use" shall mean talking or listening to another person, text messaging,
sending, reading or listening to an electronic message, or browsing the internet.
(B) Except as otherwise provided in Subsection (C) of this Section, no person shall
operate a motor vehicle while using a mobile telephone.
(C) The provisions of this Section shall not apply to:
1. Any person using a mobile telephone or on -board communications device
for non -personal use in the course of ordinary business in their employment with a City,
• State or Federal agency or authority;
3-0-10
2. Any person using a hands free device for voice communication, provided
that such person does not touch the mobile telephone connected to such hands free
device while operating or using the vehicle;
3. Any person using a mobile telephone to call 911 or other emergency
telephone numbers to contact public safety forces;
4. Any person using a mobile telephone while maintaining a motor vehicle in
a stationary and parked position.
(D) Penalty: Any person who violates Subsection (B) of this Section shall be subject
to a fine of fifty dollars ($50.00), provided however, that if a violation occurs at the time
of a traffic accident, the driver shall be subject to an additional fine not to exceed two
hundred dollars ($200.00).
SECTION 2: That all ordinances or parts of ordinances in conflict
herewith are hereby repealed.
SECTION 3: That if any provision of this ordinance or application thereof
to any person or circumstance is held unconstitutional or otherwise invalid, such
invalidity shall not affect other provisions or applications of this ordinance that can be
given effect without the invalid application or provision, and each invalid application of
this ordinance is severable.
SECTION 4: That this Ordinance 3-0-10 shall be in full force and effect
from and after its passage, approval, and publication in the manner provided by law.
Introduc • I 0 ,5 , 2010
Adopted:�,�')1,� '9 , 2010
RWRey iSree�, ity Clerk
VIC
Approved:
l , 2010
Eli eth B. Tisdahl, Mayor
Approved as to form:
W. Grant Farrar, City Attorney
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