ORDINANCE

CITY COUNCIL
CITY AND COUNTY OF HONOLULUHONOLULU, HAWAII

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BILL 6 (2017L CD2. FD2

A BILL FOR AN ORDINANCE
RELATING TO MOBILE ELECTRONIC DEVICES.
BE IT ORDAINED by the People of the City and County of Honolulu:
SECTION 1. Purpose. The purpose of this ordinance is to regulate the use ofmobile electronic devices by certain persons.
SECTION 2. Section 15-24.23, Revised Ordinances of Honolulu 1990, isamended to read as follows:“Sec. 15-24.23 Mobile electronic devices.
(a)[No person shall operate a motor vehicle whilo using a mobile electronic device.]
No pedestrian shall cross a street or highway while viewing a mobile electronicdevice.

(b)[The use of a mobile electronic device for the solo purpose of making a ‘911”
emergency communication shall be] Itis an affirmative defense to [thisordinance.] any citation for a violation of subsection (a) that the cited person wasengaged in making a “91 1” emergency communication with a mobile electronicdevice.

(c)[The following persons shall be exempt from the provisions of subsection (a):(d){-1-}J

Emergency responders [using] viewing a mobile electronic device while in
the performance and scope of their official duties[t(2)Drivers using two way radios while in the performance and scope of theirwork related duties,(3)

Drivers holding a valid amateur radio operator licenso issued by theFederal Communications Commission and using a half duplex two way
cadie7] are exempt from subsection (a).

Any person violating this section will be subiect to the following fines:N

For a first violation: A fine of not less than $15.00, but not more than$35.00;

12).

For a second violation committed within one year after the date of the firstviolation: A fine of not less than $35.00, but not more than $75.00; and117—39

CITY COUNCIL
CITY AND COUNTY OF HONOLULUHONOLULU, HAWAII“ ,ILLI.

A BILL FOR AN ORDINANCE

[(8)]

f~

For a third or subsequent violation that is within one year after the date ofthe first violation: A fine of not less than $75.00, but not more than$99.00.

{ç~As used in this section:“Emergency responders” include firefighters, emergency medical technicians,
mobile intensive care technicians, [civil defcnsc workers,] emergency management
workers, police officers~ and federal and state law enforcement officers.
“Mobile electronic device” means any handheld or other portable electronicequipment capable of providing wireless and/or data communication between two or
more persons or of providing amusement, including but not limited to a cellular phone,text messaging device, paging device, personal digital assistant, laptop computer, video
game, or digital photographic device, but does not include any audio equipment [or anyequipment installod in a motor vehicle for the purpose of providing navigation,
emergency assistance to the operator of the motor vehicle or video entertainment to thopassengers in the rear seats of the motor vehicle].
[“Operate” a motor vehicle means the same as defined in HRS Section 291 E 1.][“Use or using” means holding a mobile electronic device while operating a motorvehicle.]“Viewing” means looking in the direction of the screen of a mobile electronicdevice.”
SECTION 3. Ordinance material to be repealed is bracketed and stricken. Newmaterial is underscored. When revising, compiling, or printing this ordinance forinclusion in the Revised Ordinances of Honolulu, the Revisor of Ordinances need net
include the brackets, the material that has been bracketed and stricken, or theunderscoring.

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ORDINANCE

CITY COUNCIL
CITY AND COUNTY OF HONOLULUHONOLULU, HAWAII

BILL 6 (2017). CD2. FD2

A BILL FOR AN ORDINANCESECTION 4. This ordinance takes effect ninety days after its approval.
INTRODUCED BY:
Brandon Elefante

DATE OF INTRODUCTION:

January 12. 2017
Honolulu, HawaiiCouncilmembers

APPROVED AS TO FORM AND LEGALITY:r

Deputy C~?poration Counsq[~s~~~ p Chinn
APPROVED this ~19’day of~ ~17—39_________,20~

KIRK CALDWELL, Mayor
City and County of Honolulu

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CITY COUNCIL
CITY AND COUNTY OF HONOLULUHONOLULU, HAWAIIORDINANCE

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Introduced: 01/12/17

By:Title:

BILL6(2017),CD2,FD2
PUBLICHEALTH, SAFETY
Committee: AND
WELFARE

BRANDON ELEFANTEA BILL FOR AN ORDINANCE RELATING TO MOBILE ELECTRONIC DEVICES.

Voting Legend:
01/25/17

CERTIFICATE*= Aye w/Reservations

COUNCILBILL PASSED FIRST READING
TRANSPORTATION AND PLANNING.

ANDREFERREDTOCOMMITTEEON

7 AYES: ANDERSON, ELEFANTE, FUKUNAGA, KOBAYASHI, MANAHAN, MENOR, PINE.
2 ABSENT: MARTIN, OZAWA.
CC-62 ELEFANTE BILL RE-REFERRED FROM COMMITTEE ON TRANSPORTATION
AND PLANNING TO COMMITTEE ON PUBLIC HEALTH, SAFETY AND WELFARE.
—

03/07/17

PUBLIC HEALTH,SAFETY ANDWELFARE

CR-73 BILL REPORTED OUT OF COMMITTEE FOR PASSAGE ON SECOND READINGAND SCHEDULING OF A PUBLIC HEARING AS AMENDED IN CD1 FORM.

03/11/17PUBLISH

PUBLIC HEARING NOTICE PUBLISHED IN THE HONOLULU STAR-ADVERTISER.

03/22/17

COUNCIL/PUBLICHEARING

CR-73 ADOPTED. BILL PASSED SECOND READING AS AMENDED, PUBLIC HEARING
CLOSED AND REFERRED TO COMMITTEE ON PUBLIC HEALTH, SAFETY AND
WELFARE.

—7 AYES: ANDERSON, ELEFANTE, FUKUNAGA, MANAHAN, MENOR, OZAWA*, PINE.
2 NOES: KOBAYASHI, MARTIN.
03/31/17

PUBLISHSECOND READING NOTICE PUBLISHED IN THE HONOLULU STAR-ADVERTISER.

05/02/17

PUBLIC HEALTH,SAFETY AND
WELFAREBILL AMENDED TO CD2 AND DEFERRED.

05/23/17

PUBLIC HEALTH,SAFETY AND
WELFARE

CR-21 1 BILL REPORTED OUT OF COMMITTEE FOR PASSAGE ON THIRD READINGAS AMENDED IN CD2 FORM.

06/07/17

COUNCILBILL AMENDED TO ORAL FD1.

—5 AYES: FUKUNAGA, KOBAYASHII MARTIN, OZAWA, PINE.
4 NOES: ANDERSON, ELEFANTE, MANAHAN, MENOR.
NOTE: PURSUANT TO COUNCIL RULE 19.E, FINAL ACTION ON CR-21 1 AND BILLS(2017), CD2, FD1 WILL BE TAKEN AT THE JULY 12, 2017 COUNCIL MEETING.

17—3907/12/17

COUNCILBILL AMENDED TO HAND-CARRIED FD2.
9 AYES: ANDERSON, ELEFANTE, FUKUNAGA, KOBAYASHI, MANAHAN, MARTIN,MENOR, OZAWA, PINE.
CR-21 1 ADOPTED AND BILL 6(2017), CD2, FD2 PASSED THIRD READING.
7 AYES: ANDERSON, ELEFANTE, FUKUNAGA, MANAHAN, MENOR, OZAWA, PINE.
2 NOES: KOBAYASHI, MARTIN.

I hereby certify that the above is a true record of action by the Council of the City and Couni

GLENCHAIR AND PRESIDING OFFICER

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