HomeMy WebLinkAboutReport on effectiveness of ordinance prohibiting use of hand-held cell phones while driving1
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Ron Price, Chief of Police
SUBJECT: Report on effectiveness of ordinance prohibiting use of hand-held cell phones while driving.
MEETING DATE: February 4, 2013
AGENDA ITEM: Special Presentation
BACKGROUND: After much discussion and consideration, the Commission adopted an ordinance prohibiting the use of hand held electronic communication devices while operating a
motor vehicle. At the time of provisional adoption, there was an amendment to the main motion
“to require a report back in one year to the Commission on the effectiveness of the ordinance.”
Ordinance No. 1818 became effective on January 17, 2012 and was codified as a civil violation into municipal code as 36.03.275. A violation of this municipal infraction carries a penalty of
$100. As part of the implementation plan, a public outreach campaign was initiated and a
warning period was guaranteed for the initial thirty days. Education and enforcement continued
throughout the year as noted below.
PUBLIC OUTREACH: Prior to January 17, 2011, the Public Works Department posted
signage at the vehicle entry points of the city. The signage stated that hand-held use of a cell
phone was a violation of city ordinance and identified the code. Initial media releases and interviews were conducted near the effective date and again after the
30-day grace period to inform residents of the new ordinance. The information was also heavily
released through various social media outlets.
Working in partnership with Max Media and Bling Wireless, a public service announcement was produced and has been aired on local television outlets, cable channels and social media.
In an effort to remind our citizens and reach non-resident drivers, a large banner was produced
and displayed over Main Street in the downtown district. The banner hung for one week at the beginning of summer and for two weeks as students were returning for the school year.
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Our public education efforts were directed at all forms of distracted driving but held a specific
emphasis on cell phone use. Costs associated with these initiatives were offset by grant funding
obtained through State Farm Insurance Good Neighbor Program and local donations.
ENFORCEMENT: During 2012, officers conducted 496 traffic stops where hand-held cell phone use was listed as the primary reason for the stop. Of those stops, 106 drivers were issued
citations for violation of the city ordinance. Two of the citations tickets were issued as part of
the investigation of a traffic accident. In several cases, other criminal violations were identified
and related citations or warnings were issued. The dispositions of the 106 cases that have been forwarded to the court have varied. One case is
pending with a not guilty plea, five have been dismissed and the court has received no action or
response on nine of the cases. The remaining drivers have paid the civil fine.
The general feeling of the officers is that the public is aware of the ordinance and have been generally apologetic when confronted about the driving infraction.
EFFICACY: I have found that a determination of efficacy has been elusive. One area that is particularly problematic is that we have no baseline from which to determine progress.
If we gauge effectiveness through reduced use of hand-held devices while driving, we must rely
on anecdotal information because no recent, local study exists that identifies rates of use. Both
officers and public comments report a sense of lower use, especially directly following media attention. Although we believe the rates of use remain significantly lower, we continue to see and receive reports of violations.
Another possible indicator of effectiveness could arguably rest in reported motor vehicle
accidents. Unfortunately, so many variables can affect accident numbers. A significant weather event can result in twenty or more vehicle accidents in the span of a few hours. A review of reported accidents for the last three years shows that the numbers have not changed with any
statistical significance.
Calendar Year Total Crashes 2010 1,320
2011 1,357
2012 1,352
Within the last two years, several other Montana cities enacted ordinances that are similar in their prohibition of hand-held cell phone use. A check with the three largest of these
communities (Billings, Helena, and Butte) found that there have been no studies conducted to
evaluate the effectiveness of their ordinances.
Overall, I believe that the ordinance has resulted in a reasonably good level of voluntary compliance and reduced the use of hand-held cell phones while driving. There is no indication
that accident rates have been affected. The police department has not seen significant issues with
enforcement and the police department will continue with our education and enforcement efforts.
Report compiled on: January 24, 2013.
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