City moves ahead with cell phone ban

The Columbia Falls City Council had expected some kind of public reaction at its June 18 meeting to its proposal to ban hand-held communication devices while driving. Instead, it was an ordinance on vacation rentals that drew all the attention.

Columbia Falls Realtor Bill Dakin warned the council that allowing short-term rentals in residentially zoned areas could pose disclosure problems for Realtors, create conflicts in subdivisions with covenants that could trigger lawsuits and harm property values, he said.

“One person’s gain is another person’s loss,” he said, noting that vacation rentals were a “stealth commercial use.”

Dakin, however, was not aware that Columbia Falls zoning regulations currently are silent on whether homeowners can rent homes in residential areas for less than 30 days.

The intent of the proposed ordinance is not to introduce a new use or to restrict ongoing activity but instead to ensure that vacation rentals comply with state and city laws and to provide the city with contact information.

While city staff and city councilors weren’t sure if the new ordinance would increase or decrease the number of vacation rentals in the city — as high as 60 last summer — they all agreed with a point raised by councilor Dave Petersen.

“You could get a vacation rental that is loud and trashy, and you could get a long-term neighbor who is loud and trashy — what’s the difference?” he asked.

City attorney Justin Breck’s advice to the council on the issue of covenants was to not get involved. It’s up to the homeowner’s association and its members to enforce covenants, not the city’s, he said.

Both councilors Doug Karper and Julie Plevel agreed that the city “should not put its head in the sand” about vacation rentals. The vote in favor of the ordinance was 6-1, with councilor Mike Shepard casting the lone nay vote.

The proposed cell phone ordinance drew only one speaker from the public. Rick Maedje said talking on a phone is a distraction, noting that building contractors are as bad as youths for using cell phones while driving. He said he wouldn’t mind if drivers were also prohibited from using hands-free devices.

Mayor Don Barnhart said he was surprised there was so little public comment on the issue. He said he had considered putting the measure on the ballot this fall if there was too much opposition.

“The ban will affect my business,” he said, “but I understand the safety need.”

Petersen and Karper agreed it was a “cut and dry” decision.

Police chief Dave Perry said the cost to erect nine signs around town advising drivers about the ban would cost about $950.

The council unanimously directed staff to draw up the ordinance and bring it back for a first reading on July 16.