Thursday, October 06, 2011

Chicago Ban's cellphone use while bicycling

Chicago has banned the use of cell phones while actually riding a bicycle.. (not at rest).

Here is the source, which I include a copy of below. I'm a big believer in linking to the source documents, which nobody in the media is apparently willing to spend the time to find.

Committee on Pedestrian and Traffic Safety
September 8, 2011 City Council



SECTION 1. Chapter 9-52 ofthe Municipal Code of Chicago is hereby amended by adding
a new Section 9-52-110, as follows:

9-52-110 Use of communication devices while operating a bicycle.

(a) For purposes of this section only, the following definitions apply:

"Communication device" means a device, including but not limited to a wireless telephone,
personal digital assistant, or a portable or mobile computer, which is designed to transmit and
receive electronic messages.

"Electronic message" means a self-contained piece of digital communication that is
designed or intended to be transmitted between communication devices. An "electronic message"
includes, but is not limited to electronic mail, a text message, an instant message, a command or
request to access an internet site, or talking or listening to another person on the telephone.

"Using" means composing, reading, sending or listening to an electronic message.

(b) Except as otherwise provided in subsection (c) of this section, no person shall operate
a bicycle while using a communication device. Except as otherwise provided in subsection (d) of
this section, any person who violates this subsection shall be subject to the fine range set forth in
section 9-4-020.

(c) The provisions of this section shall not apply to a:

(1) law enforcement officer or other emergency responder, when on duty and acting
in his official capacity;

(2) person using a communication device with a "hands free" device or in a voice-
activated mode, which allows the person to talk into and listen to the other party
without the use of hands;

(3) person using a communication device for the sole purpose of reporting an
emergency situation and continued communication with emergency personnel
during the emergency situation; or

(4) person using a communication device while maintaining a bicycle in a stationary

(d) If a violation of subsection (b) of this section occurs at the time of a traffic accident, the
person operating the bicycle may be subject to a fine not to exceed $500.00 which shall be
assessed in addition to the fine provided by section 9-4-020.

SECTION 2.  This ordinance shall take effect after its passage and publication.

Margaret Laurino
Alderman, 39th Ward

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