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The Committee returned to discussing the potential pilot traffic calming project on Marlowe. Mayor Summers noted that the speed tables would have to be removed from the street before December due to interfering with snow plows. ORDINANCE 05-19 - AN ORDINANCE to take effect at the earliest period allowed by law enacting Section 331.346, Using Mobile Telephones while Driving, of the Codified Ordinances of the City of Lakewood in order to update the Code so as to regulate the use of st mobile phones while driving in the City. (Placed on 1reading and referred to Public nd Safety 1/22/19; 2reading 2/4/19) President O’Leary discussed his rationale for introducing the ordinance and why he feels it is necessary in addition to the City’s current ordinance requiring drivers to devote full-time and attention to driving. First, the ordinance would make use of a handheld phone while driving a primary offense. Second, it would define use of a handheld phone as per se distraction. Currently, a driver could argue in court that while they were using their phone, they were not being distracted by it. As written, the ordinance includes any and all use of a phone as a violation, including talking. He asked for the committee’s favorable consideration. Chief Malley clarified that the ordinance would not allow for a phone to be confiscated and searched to prove phone use. Officer observation would be sufficient to issue a citation. Director Butler clarified that state code allows for home rule in this area. The violation is considered a primary offense unless specifically called out as secondary. Chief Malley suggested that the ordinance go further to ban all distracted driving and to provide specific examples such as use of kindles, ipads, smart watches etc. He noted that the current full time and attention ordinance does not call out any specific actions as distracting and that specificity would be helpful and easier to prove. He also suggested a higher penalty. ector Butler stated that as currently written, a violation would be a minor misdemeanor with a Dir $150 fine plus court costs. He also suggested striking 331.346 (d) (2) (c) to prevent confusion. Councilmember Bullock noted that the use of devices is increasing and so it is helpful to revisit the topic of distracted driving. He asked for more clarity about what is safe and appropriate use of devices while driving. He agreed that talking on a hand-held phone should be prohibited. He also suggested strengthening the penalties. Director Butler and Chief Malley will discuss the possibility of increasing the penalty. President O’Leary expressed support for the suggestion to strike subsection C. but hesitated to increase the penalty. He asked for clarification on the other suggested changes. Councilmember Bullock asked for language that would clarify if GPS use was allowed, if a mounted device was permitted, and what kind of built-in technology is allowed to use or not use. rd He requested that a substitute be prepared by the June 3meeting. 2