Council: Hang up and drive
Multi-tasking commuters in Whitefish
may soon face a citation if city council passes a proposed
ordinance to ban the use of hand-held cell phones while driving.
The majority of councilors think the ban is good for safety
reasons, but they’re hoping to hear more public comment before
finalizing the hot-button topic.
Council voted 4-2 in favor of the
ordinance on the first reading at the June 6 meeting with
councilors Chris Hyatt and Phil Mitchell opposed. The ban would
include the use of any hand-held communication device within city
limits while operating a motor vehicle and even a bicycle on a
public highway.
Violators would be issued a misdemeanor
civil citation and the ordinance would take effect 90 days after
approval.
City Attorney Mary VanBuskirk reported
to the council that studies show there is a direct connection
between inattentive driving caused by the use of electronic devices
and vehicle accidents. At any given moment, the study says, 812,000
drivers in the U.S. are using a hand-held device while driving. In
the West, 7 percent of drivers use hand-held phones at the
wheel.
“The use of hand held electronic
devices while driving is increasing,” she noted.
Police Chief Bill Dial has noted at
previous meetings that driving while using a cell phone can be as
dangerous as driving under the influence.
Councilor Phil Mitchell stressed that
he is upset the state government won’t address the safety issue,
leaving it up to drivers to know each city’s ordinance when
traveling across the state.
Councilor Turner Askew agreed saying
that this shouldn’t be the city’s responsibility.
“The state should deal with this,” he
said.
While Montana does not restrict cell
phone usage or texting while driving, other cities in the state
have addressed the issue. Billings, Butte and Missoula each have
ordinances of varying degrees. Billings prohibits the use of any
electronic device while driving while Missoula’s ordinance speaks
only to text messages.
“It’s up to us to do the heavy lifting
if the state isn’t going to do it,” councilor Bill Kahle said.
He said he’s seen kids driving with
their knees while texting and that “it’s only a matter of time”
before an accident happens.
Whitefish’s ordinance would allow for
the use of cell phones while driving as long as it is not being
held to the driver’s ear. Bluetooth devices, speaker phones or ear
pieces would be permitted.
Kahle dissected the ordinance,
questioning which hands-free devices would qualify and whether a
phone could be dialed while driving or used at a stop light.
“I know I’m slicing it pretty thin,” he
said, “but we’re going to be dealing with this.”
Lieutenant officer Bridger Kelch noted
that traffic light intersections are considered a right-of-way and
that usage there would be against the ordinance.
Hyatt said that while hand-held devices
could be a safety issue, it comes down to personal responsibility.
He noted that people also smoke, eat, drink and put on makeup while
driving.
Askew said it came down to public
safety.
“Stupidity is incurable,” he said, “but
we can give rules.”
Councilor Ryan Friel “philosophically”
agreed with Hyatt, but that “realistically” he agreed with
Askew.
“It’s a public safety issue,” he
said.
Most of the council wanted to hear more
public comment on the issue before the second reading.
“If you feel strongly about it,” Askew
said, “change my mind.”
Signs will be placed at each entrance
to town informing drivers of the local ordinance.