AN ORDINANCE TO ADD A NEW SECTION 10:101a TO CHAPTER 126 (TRAFFIC) OF TITLE X OF THE CODE OF THE CITY OF ANN ARBOR. 

The City of Ann Arbor Ordains: 

Section 1.  That a new Section 10:101a be added to Chapter 126 of the Code of the City of Ann Arbor to read as follows: 


10:101a.  Use of Cell Phone or Other Device While Operating Motor Vehicle or Bicycle Prohibited.


(1)  Except as otherwise provided in this section, a person shall not operate a motor vehicle or bicycle on a highway, street or other place open to the general public or generally accessible to motor vehicles or bicycles while using or operating any device to do or attempt to do any of the following:

talk to or listen to another person;

create, send, transmit, read or listen to a text message, verbal message, oral message or electronic message;

leave a recorded message;

create, send, transmit, review, read a map or other image, whether or not the image or map includes or is accompanied by written or oral messages;

use the Internet.

(2)  “Device” as used in this section means any object that may be used to perform any action that this section prohibits while operating a motor vehicle or bicycle, which includes, but is not limited to:

A mobile, wireless, cellular, cell, analog, or digital telephone or phone;

Any object commonly known as a mobile, wireless, cellular, cell, analog, or digital telephone or phone; 

Any type of computer;

Any instrument used to obtain directions for a route to travel between two or more locations, or used to obtain other information related to locations along a route of travel, including but not limited to any equipment commonly known as a global positioning system or GPS.

 (3)   This section does not apply to the use of a device while operating a motor vehicle or bicycle under any of the following circumstances:

(a)  the person uses the device without using his or her hands;

(b) the person uses the device to communicate with or obtain directions to a police department, a fire department, an authorized emergency vehicle, a hospital, or a physicians office, during an emergency situation only;

(c) the person uses the device while performing his or her official duties as a police officer, a member of a fire department, or the operator of an authorized emergency vehicle; or,

(d) the person uses the device while the motor vehicle or bicycle is stationary in a location that is not within the portion of the highway that is intended for the purpose of moving traffic and that is a legal place to park, stop, or stand a motor vehicle or bicycle. 

(4)	The exceptions contained in subsection (3) are to be strictly construed.  The exceptions apply only under the conditions and to the persons specifically described.  The exceptions do not apply under any other conditions or to any other person including, but not limited to, City employees while on duty, drivers of any type of bus, and drivers of taxicabs.

(5)   A defendant who claims he or she used the device without using his or her hands has the burden of proof that this exception applies.

(6)    This section may be enforced against the operator of a motor vehicle or bicycle whether or not the operator has been detained for a suspected violation of this Chapter or of any other law or ordinance.

(7)   A person who violates this section is responsible for a civil infraction.

(8)  The penalty for a violation of this section shall be:

(a) A fine of $125.00 plus costs, if there was no motor vehicle accident for which defendant was reported to be at fault on a vehicle crash report form completed by the police.

(b)  A fine of $300.00 plus costs, if there was a motor vehicle accident for which defendant was reported to be at fault on a vehicle crash report form completed by the police. 

Section 2.  That this Ordinance shall take effect on the tenth day following legal publication.
AN ORDINANCE TO ADD A NEW SECTION 10:101a TO CHAPTER 126 (TRAFFIC) OF TITLE X OF THE CODE OF THE CITY OF ANN ARBOR. 

The City of Ann Arbor Ordains: 

Section 1.  That a new Section 10:101a be added to Chapter 126 of the Code of the City of Ann Arbor to read as follows: 


10:101a.  Use of Cell Phone or Other Device While Operating Motor Vehicle or Bicycle Prohibited.


(1)  Except as otherwise provided in this section, a person shall not operate a motor vehicle or bicycle on a highway, street or other place open to the general public or generally accessible to motor vehicles or bicycles while using or operating any device to do or attempt to do any of the following:

talk to or listen to another person;

create, send, transmit, read or listen to a text message, verbal message, oral message or electronic message;

leave a recorded message;

create, send, transmit, review, read a map or other image, whether or not the image or map includes or is accompanied by written or oral messages;

use the Internet.

(2)  “Device” as used in this section means any object that may be used to perform any action that this section prohibits while operating a motor vehicle or bicycle, which includes, but is not limited to:

A mobile, wireless, cellular, cell, analog, or digital telephone or phone;

Any object commonly known as a mobile, wireless, cellular, cell, analog, or digital telephone or phone; 

Any type of computer;

Any instrument used to obtain directions for a route to travel between two or more locations, or used to obtain other information related to locations along a route of travel, including but not limited to any equipment commonly known as a global positioning system or GPS.

 (3)   This section does not apply to the use of a device while operating a motor vehicle or bicycle under any of the following circumstances:

(a)  the person uses the device without using his or her hands;

(b) the person uses the device to communicate with or obtain directions to a police department, a fire department, an authorized emergency vehicle, a hospital, or a physicians office, during an emergency situation only;

(c) the person uses the device while performing his or her official duties as a police officer, a member of a fire department, or the operator of an authorized emergency vehicle; or,

(d) the person uses the device while the motor vehicle or bicycle is stationary in a location that is not within the portion of the highway that is intended for the purpose of moving traffic and that is a legal place to park, stop, or stand a motor vehicle or bicycle. 

(4)	The exceptions contained in subsection (3) are to be strictly construed.  The exceptions apply only under the conditions and to the persons specifically described.  The exceptions do not apply under any other conditions or to any other person including, but not limited to, City employees while on duty, drivers of any type of bus, and drivers of taxicabs.

(5)   A defendant who claims he or she used the device without using his or her hands has the burden of proof that this exception applies.

(6)    This section may be enforced against the operator of a motor vehicle or bicycle whether or not the operator has been detained for a suspected violation of this Chapter or of any other law or ordinance.

(7)   A person who violates this section is responsible for a civil infraction.

(8)  The penalty for a violation of this section shall be:

(a) A fine of $125.00 plus costs, if there was no motor vehicle accident for which defendant was reported to be at fault on a vehicle crash report form completed by the police.

(b)  A fine of $300.00 plus costs, if there was a motor vehicle accident for which defendant was reported to be at fault on a vehicle crash report form completed by the police. 

Section 2.  That this Ordinance shall take effect on the tenth day following legal publication.