City of Albuquerque - File #: O-06-57

• File #: O-06-57
• Type: Ordinance
• Status: Adopted
• File created: 12/4/2006
• In control: City Council
• Final action: 2/5/2007
• Enactment date: 2/8/2007
• Enactment #: O-2007-004
• Title: F/S Amending ROA 1994, a Portion of The Traffic Code, To Provide a Criminal Penalty For Talking on or Otherwise Operating a Hand-Held Cellular Phone While Driving a Vehicle; Creating Exceptions (Benton, Sanchez)
• Sponsors: Isaac Benton, Ken Sanchez

Date	Action By	Action	Result
2/8/2007	City Clerk	Published
2/8/2007	Mayor	Signed by the Mayor
2/7/2007	City Council	Sent to Mayor for Signature
2/5/2007	City Council	Do Pass as Substituted, as Amended	Pass
2/5/2007	City Council	Amended	Fail
2/5/2007	City Council	Amended	Fail
2/5/2007	City Council	Amended	Pass
2/5/2007	City Council	Amended	Pass
2/5/2007	City Council	Substituted	Pass
1/17/2007	City Council	Accepted Without Recommendation, as Amended
1/8/2007	Finance & Government Operations Committee	Sent to Council Without Recommendation, as Amended	Pass
1/8/2007	Finance & Government Operations Committee	Amended	Pass
12/4/2006	City Council	Introduced and Referred
12/4/2006	President	Referred

CITY of ALBUQUERQUE
SEVENTEENTH COUNCIL


COUNCIL BILL NO. F/S O-06-57 ENACTMENT NO. ________________________

SPONSORED BY: Michael Cadigan


ORDINANCE
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F/S Amending ROA 1994, a Portion of The Traffic Code, To Provide a Criminal Penalty For Talking on or Otherwise Operating a Hand-Held Cellular Phone While Driving a Vehicle; Creating Exceptions (cadigan)
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AMENDING SECTION 8-2-1-24 ROA 1994, A PORTION OF THE TRAFFIC CODE, TO PROVIDE A CRIMINAL PENALTY FOR TALKING ON OR OTHERWISE OPERATING A HAND-HELD CELLULAR PHONE WHILE DRIVING A VEHICLE; CREATING EXCEPTIONS.
BE IT ORDAINED BY THE COUNCIL, THE GOVERNING BODY OF THE CITY OF ALBUQUERQUE:
Section 1. Section 8-2-1-24 ROA 1994 is amended to read as follows:
"§ 8-2-1-24 DRIVER'S PROHIBITED ACTS.
It shall be unlawful for any person to:
(A) Drive while having in his lap any person, adult or minor, or any animal, nor shall the driver of a vehicle be seated in the lap of any other person.
(B) Drive a vehicle while having either arm around another person. (C) Knowingly permit any other person to interfere with the steering
mechanism or the acceleration of the vehicle.
(D) Carry any animal in or upon any vehicle in a cruel, inhumane, or unsafe manner. Animals carried in the bed of trucks must be crated or restrained upon a non metal mat so that they cannot fall or jump from the truck.
(E) Except as otherwise provided below, no person shall operate a motor vehicle upon a public highway while using a mobile telephone to engage in a call or create, send or read text messages while such vehicle is in motion.
(1) For purposes of this subsection the following definitions apply:
(a) "Engage in a call" shall mean talking into, dialing or listening on a hand-held mobile telephone, but shall not include holding a mobile telephone to activate, deactivate or initiate a function of such telephone.
(b) "Hands-free mobile telephone" shall mean a mob...