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ORDINANCE 05-19-AN ORDINANCE to take effect at the earliest period allowed by law <br />enacting Section 331.346, Using Mobile Telephones while Driving, of the Codified <br />Ordinances of the City of Lakewood in order to update the Code so as to regulate the use of <br />st <br />mobile phones while driving in the City. (Placed on 1reading and referred to Public <br />nd <br />Safety 1/22/19; 2reading 2/4/19) <br />Chairman Bullockreviewed statistics from a state taskforce issued report on distracted driving <br />that was given to him by Chief Malley. He highlighted some key takeaways from the document, <br />one being that distracted driving is a choice and 100% preventable. Members of the committee <br />and Chief Malley concluded that enforcement of the proposed ordinance should not be a problem <br />for the police department. <br />Mayor Summers expressed support for a 90-day delayed start after passage of the ordinance in <br />order to ensure Uber and Lyft drivers are not negatively affected by the law. There was debate <br />among the members of the committee and the administration as to make exceptionsfor various <br />methods of communicating on a mobile device. Ultimately it was determined that most important <br />distinction made in the law is that it does not allow for handheld communication. <br />Councilman O’Malley movedto amend the ordinance to include the use of a mounted device and <br />acceptance of fare, which was seconded by Councilman Litten. He requested that Director Butler <br />add the language into the ordinance and Mayor Summers stated that his administration would be <br />comfortable with that language.Members of the committee added that these provisions provide a <br />reasonable amount of clarity and that residents would like to see this ordinance passed sooner <br />rather than later. Director Butler stated he would amend subsection B5 to read “a person <br />receiving wireless messages on a mounted device and the acceptance of fare.” Councilman <br />O’Malley amended his motion to reflect that language, which was seconded by Councilman <br />Litten. <br />The administration and the committee determined that enforcement will be simple for officers to <br />cite, but may be difficult for attorneys to define what it is. Chairman Bullock expressed a desire <br />to see an exception for 1 touch dialing using a mounted device and made a motion to add safe <br />harbor for such activity. Director Butler statedhe would have to amend subsection B4 and asked <br />for time to evaluate a 1 touch dialing exception. Councilwoman George stated she would like <br />more consensus on the issue before referring the matter out of committee. <br />The meeting was adjourned at 7:38pm. <br /> <br />