ORDINANCE NO. O2019.07
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMPE, ARIZONA, AMENDING CHAPTER 19,
ARTICLE IV, TEMPE CITY CODE, RELATING TO
MOTOR VEHICLES AND TRAFFIC, OPERATION OF
VEHICLES, BY AMENDING SECTION 19-55 RELATING
TO UNLAWFUL USE OF A MOBILE ELECTRONIC
DEVICE, AND DECLARING THE EXISTENCE OF AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TEMPE, ARIZONA,
as follows:
Section1. That Chapter 19, Article IV, Section 19-55 of the Tempe City Code is hereby
amended to read as follows:
Sec. 19-55. - Unlawful use of a mobile electronic device.
(a)

It shall be unlawful for any person to operate a motor vehicle while using
HOLDING a mobile electronic device, if such driving constitutes a risk to that
person or others. No law enforcement officer shall issue a citation pursuant to this section
unless the law enforcement officer observes or has credible evidence that the operator of
thevehicleis involved inan accident orobserves orhas credible evidencethattheoperator
ofthevehicleisdrivinginsuchamannerthatposes an articulable danger to that person or
other persons on the roadway that is not otherwise specified in statute. TYPING ON
OR OTHERWISE MANUALLY OPERATING A MOBILE ELECTRONIC
DEVICE UNLESS THE VEHICLE IS PARKED OR STOPPED PURSUANT
TO ARIZONA REVISED STATUTES SECTION 28-645.A.3 OR SECTION 28851.

(b)

Definitions.

Mobile electronic device means any handheld or other portable electronic equipment
capable of providing wireless or data communication between two (2) or more persons or of
providing amusement, including by not limited to a cellular phone, text messaging device,
paging device, personal digital assistant, laptop computer, video game, or digital photographic
device, but does not include any audio equipment or any equipment installed to IN the motor
vehicle for the purpose of providing navigation, emergency assistance to the operator of the
motor vehicle, or video entertainment to the passengers in the rear seat of the motor vehicle.
Use or using meansholdingamobileelectronicdevicewhileoperatingamotorvehicle.
Hands-free accessory means an attachment, add-on, built-in feature, or addition to the
mobile telephone, whether or not permanently installed to the motor vehicle, that, when used,
allows the vehicle operator to maintain both hands on the steering wheel.
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 OPERATEing a motor vehicle means TO OPERATEing a motor vehicle on any right of
way including being temporarily stationary due to traffic, road conditions or traffic control sign
or signal, but not including being parked on the side or shoulder of any right of way where such
vehicle is safely able to maintain stationary.
(c)

Exceptions. The provisions of this section do not apply to:
(1)

Emergency responders using a mobile electronic device while in the
performance and the scope of their official duties;

(2)

A driver who is reporting a medical emergency, a safety hazard or
criminal activity, or who is requesting assistance related to a medical
emergency, a safety hazard, or criminal activity;

(3)

A driver using a two-way radio or a private Land Mobile Radio System,
within the meaning of Title 47 Code of Federal Regulations Part 90, while
in the performance and scope of their work-related duties and who are
operating fleet vehicles or who possess a commercial vehicle license; or

(4)

A driver holding a valid amateur radio operator license issued by the
Federal Communications Commission and using a half-duplex two-way
radio;

(5)
mode, and

A driver using a mobile electronic device in hands-free or voice-operated

(6)
a roadway.

A driver using a mobile electronic device while parked on the shoulder of

(d)

Aggravated.Apersoncommitsaggravateduseofamobileelectronicdevicewhen heor
sheviolatessubsection(a)andincommittingtheviolationheorshewas involvedina
motorvehicleaccidentthatresultsingreatbodilyharm,permanent disability,
disfigurement,ordeathtoanotherandtheviolationwasaproximate causeoftheinjuryor
death.

(e)

Penalties. Any person who violates section (a) shall be guilty of a civil violation
and shall be fined one hundred dollars ($100.00) plus penalty assessment for the
first offense, two hundred fifty dollars ($250.00) plus penalty assessment for a
second offense, and five hundred dollars ($500.00) plus penalty assessment for
any subsequent offense within a twenty-four (24) month period.Anypersonwho
violatessubsection(d)shallbeguiltyofaClass1Misdemeanor.

Section2. Emergency. Because of potential fatalities caused by distracted driving, the
immediate operation of the provisions of this Ordinance is necessary for the preservation of the
public peace, health, safety and general welfare of the community, an emergency is hereby declared
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 to exist and this Ordinance shall be in full force and effect from and after its adoption by the City
Council of the City of Tempe.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF TEMPE,
ARIZONA, this 28th day of February, 2019.
/s/
Mark W. Mitchell, Mayor
ATTEST:
/s/
Brigitta M. Kuiper, City Clerk
APPROVED AS TO FORM:
/s/
Judith R. Baumann, City Attorney

Ordinance No. O2019.07

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