Full Notification

Cell Phone Ordinance - City of Wisconsin Rapids
For Immediate Release

On October 1, 2011 the City of Wisconsin Rapids will have a new ordinance in effect requiring drivers of motor vehicles to use a hands-free accessory with their hand-held mobile telephone for communication.

The ordinance was passed by the Wisconsin Rapids Common Council on June 21, 2011 in an effort to continue a commitment to maintaining safety on our City streets. Requiring the use of a hand-free accessory with a hand-held mobile phone will allow a driver to use their phone for communication while driving if they so choose, while eliminating the distraction of holding the mobile phone.

The Wisconsin Rapids Police Department will provide an education and awareness transition period for this new ordinance, working with our community and visitors to gain understanding and compliance.

It is critical drivers have complete focus when behind the wheel of a motor vehicle and eliminate all distractions. Let’s be honest, beyond mobile phone use there are wide-spread distractions including eating, applying make-up, reading, shaving…..we can all add to the list. Inattentive driving is a leading cause of traffic accidents leading to property damage, injury and death. Don’t be the driver who is distracted and is responsible for a tragedy!

Make sure you have allowed enough time to get to your destination safety. Use a hands free device if using your mobile phone while driving. Eliminate distractions by giving your full attention to driving your vehicle safely, protecting your passengers, pedestrians and others sharing the road.

(For Reference)

ORDINANCE NO. MC 1117

A GENERAL ORDINANCE OF THE CITY OF WISCONSIN RAPIDS CREATING SECTION 340.020 OF THE MUNICIPAL CODE TO BE ENTITLED “USE OF HAND-HELD MOBILE TELEPHONES AND MOBILE ELECTRONIC DEVICES WHILE DRIVING”.

NOW, THEREFORE, THE COMMON COUNCIL OF THE CITY OF WISCONSIN RAPIDS DOES ORDAIN AS FOLLOWS:

SECTION I Section 340.020 of the Wisconsin Rapids Municipal Code, to be entitled “Use of Hand-held Telephones and Mobile Electronic Devices While Driving” is hereby created to read as follows:

340.020 USE OF HAND-HELD MOBILE TELEPHONES AND MOBILE ELECTRONIC DEVICES WHILE DRIVING

340.020(1) For purposes of this section, the following terms have the following meanings:

340.020(1)(a) "Mobile telephone" means a cellular, analog, wireless or digital telephone capable of sending or receiving telephone communications without an access line for service.

340.020(1)(b) "Using" or "use" means holding a hand-held mobile telephone to, or in the immediate proximity of, the user's ear.

340.020(1)(c) "Hand-held mobile telephone" means a mobile telephone with which a user engages in a call using at least one hand.

340.020(1)(d) "Hands-free accessory" means an attachment, add-on, built-in feature, or addition to a mobile telephone, whether or not permanently installed in a motor vehicle, that, when used, allows the vehicle operator to maintain both hands on the steering wheel.

340.020(1)(e) "Hands-free mobile telephone" means a hand-held mobile telephone that has an internal feature or function, or that is equipped with an attachment or addition, whether or not permanently part of such hand-held mobile telephone, by which a user engages in a call without the use of either hand, whether or not the use of either hand is necessary to activate, deactivate or initiate a function of such telephone.

340.020(1)(f) "Engage in a call" means talking into or listening on a hand-held mobile telephone, but does not include holding a hand-held mobile telephone to activate, deactivate or initiate a function of such telephone.

340.020(1)(g) "Immediate proximity" means the distance that permits the operator of a hand-held mobile telephone to hear telecommunications transmitted over such hand-held mobile telephone, but does not require physical contact with such operator's ear.

340.020(1)(h) "Mobile electronic device" means any hand-held or other portable electronic equipment capable of providing data communication between two or more persons, including a text messaging device, a paging device, a personal digital assistant, a laptop computer, equipment that is capable of playing a video game or a digital video disk, or equipment on which digital photographs are taken or transmitted, or any combination thereof, but does not include any audio equipment or any equipment installed in a motor vehicle for the purpose of providing navigation, emergency assistance to the operator of such motor vehicle or video entertainment to the passengers in the rear seats of such motor vehicle.

340.020(2)(a) Except as otherwise provided in this subsection, no person shall drive a motor vehicle upon a highway, as defined in s. 343.305 (1) (b), Wis. Stats., while using a hand-held mobile telephone to engage in a call or while using a mobile electronic device while such vehicle is in motion. A driver of a motor vehicle who types, sends or reads a text message with a hand-held mobile telephone or mobile electronic device while such vehicle is in motion shall also be in violation of this section.

340.020(2)(b) A driver of a motor vehicle who holds a hand-held mobile telephone to, or in the immediate proximity of, his or her ear while such vehicle is in motion is presumed to be engaging in a call within the meaning of this section. The presumption established by this subdivision is rebuttable by evidence tending to show that the driver was not engaged in a call.

340.020(2)(c) The provisions of this subsection shall not be construed as authorizing the seizure or forfeiture of a hand-held mobile telephone or a mobile electronic device, unless otherwise provided by law.

340.020(2)(d) Subdivision (a) of this subsection does not apply to:

(1) the use of a hand-held mobile telephone for the sole purpose of communicating with any of the following regarding an emergency situation: An emergency response operator; a hospital, physician's office or health clinic; an ambulance company; a fire department; or a police department, or

(2) any of the following persons while in the performance of their official duties and within the scope of their employment: A peace officer, a firefighter or an operator of an ambulance or authorized emergency vehicle, or a member of the armed forces of the United States, while operating a military vehicle, or

(3) the use of a hands-free mobile telephone.

340.020(3) Any person who violates subsection (2) of this section shall be fined not more than one hundred dollars [except that the fine shall be suspended for a first time violator who provides proof of acquisition of a hands-free accessory subsequent to the violation but prior to the imposition of a fine] for a first violation, one hundred fifty dollars for a second violation and two hundred dollars for a third or subsequent violation.

SECTION II All ordinances, or parts of ordinances, in conflict herewith are hereby repealed.

SECTION III This ordinance shall take effect October 1, 2011, upon passage and publication.