Broken Arrow City Council
Meeting of: 05-03-2016
To: Mayor and City Council
From: Office of the City Attorney
Title:
title
Consideration, discussion and possible preview of an ordinance amending the Broken Arrow Code, Chapter 23, Traffic, Article II, Operations of Vehicles Generally, Section 23-71 - Specifically adopting State Statute with regard to Composing, Sending, Reading Text Messages while Vehicle in Motion, Penalties - Exceptions; repealing all ordinances to the contrary; and declaring an emergency
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Background:
Staff reviewed the newly enacted State Statute, 47 O.S. ?11-901(d), which regulates texting while driving. Under State Statute, it is unlawful for citizens to operate motor vehicles on Broken Arrow city streets or highways while using electronic communication devices to compose, send, receive or read electronic messages. Any violation of this provision shall result, upon conviction, of a monetary fine not exceeding One Hundred Dollars ($100), but no points will be assessed by the Department of Public Safety. At the present time, violation must be prosecuted in State District Court.
Staff is recommending that the City Council amend the Broken Arrow Code of Ordinances so that Officers can charge violators for these types of offenses in Municipal Court. Specifically, it is recommended that Chapter 23, Article II, Section 23-71, be amended to include language similar to the statute. Importantly, individuals are exempt from this ordinance provided the sole purpose of the electronic communication is correspondence with an emergency official or service during or regarding an imminent emergency situation. Staff recommends that the Council preview the ordinance and set it for adoption at the next meeting.
Cost: $0
Prepared By: Beth Anne Wilkening, City Attorney
Reviewed By: Assistant City Manager - Administration
Police Department
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