[Ord. No. 10828,[1] 9-21-2023]
(a)
Except as otherwise provided in this section, while operating a motor
vehicle or commercial vehicle upon the roads exclusively within the
jurisdiction of the City of Kirkwood, Missouri, no operator shall:
(1)
Physically hold or support, with any part of his or her body,
an electronic communication device;
(2)
Write, send, or read any text-based communication, including,
but not limited to, a text message, instant message, email, or social
media interaction on an electronic communication device. This subdivision
shall not apply to operators of a motor vehicle using a voice-operated
or hands-free feature or function that converts the message to be
sent as a message in a written form, provided that the operator does
not divert his or her attention from lawful operation of the vehicle;
(3)
Make any communication on an electronic communication device,
including a phone call, voice message, or one-way voice communication;
provided, however, that this prohibition shall not apply to use of
a voice-operated or hands-free feature or function;
(4)
Engage in any form of electronic data retrieval or electronic
data communication on an electronic communication device;
(5)
Manually enter letters, numbers, or symbols into any website,
search engine, or application on an electronic communication device;
(6)
Watch a video or movie on an electronic communication device,
other than watching data related to the navigation of the vehicle;
or
(7)
Record, post, send, or broadcast video, including a video conference,
on an electronic communication device, provided that this prohibition
shall not apply to electronic devices used for the sole purpose of
continually monitoring operator behavior by recording or broadcasting
video within or outside the vehicle.
(b)
The operator of a school bus shall not use or operate an electronic
communication device while the school bus is in motion unless the
device is being used in a similar manner as a two-way radio to allow
live communication between the operator and school officials or public
safety officials. The operator of a school bus shall not use or operate
an electronic communication device or a two-way radio while loading
or unloading passengers.
(c)
This section shall not apply to:
(1)
Law enforcement officers or operators of emergency vehicles
who are both using the electronic communication device and operating
the emergency vehicle in the performance of their official duties;
(2)
Operators using an electronic communication device for the sole
purpose of reporting an emergency situation and continuing communication
with emergency personnel during the emergency situation;
(3)
Operators of motor vehicles using an electronic communication
device solely through a voice-operated or hands-free feature or function;
(4)
Operators of commercial vehicles using a voice-operated or hands-free
feature or function, as long as the operator remains seated and is
restrained by a seat belt as required by law;
(5)
Operators of commercial vehicles reading a message displayed
on a permanently installed communication device designed for a commercial
vehicle with a screen that does not exceed 10 inches tall by 10 inches
wide in size;
(6)
Operators using electronic communication devices while the vehicle
is lawfully stopped or parked;
(7)
Commercial vehicles that are responding to a request for roadside
assistance;
(8)
The use of an electronic communication device to relay information
between a transit or for-hire vehicle operator and that operator's
dispatcher, provided the device is mounted or affixed to the vehicle;
(9)
The use of an electronic communication device to access or view
a map for navigational purposes;
(10)
The use of an electronic communication device to access or listen
to an audio broadcast or digital audio recording; or
(11)
The use of an electronic communication device to relay information
through a transportation network company's digital network to a transportation
network company driver, provided the device is mounted or affixed
to the vehicle.
(d)
A violation of this section shall be deemed an infraction and shall
be deemed a moving violation for purposes of point assessment under
Section 302.302, RSMo.
(e)
A law enforcement officer who stops a motor vehicle for a violation
of this section shall inform the operator of the operator's right
to decline a search of their electronic communication device. No warrant
shall be issued to confiscate or access an electronic communication
device based on a violation of this section unless the violation results
in serious bodily injury or death.
(f)
A violation of this section shall not be used to establish probable
cause for any other violation.
(g)
The provisions of this section shall be subject to the reporting
requirements set forth in Section 590.650, RSMo.
(h)
Prior to January 1, 2025, a law enforcement officer who stops a motor
vehicle for a violation of this section shall not issue a citation
for a violation of this section and shall only issue a warning.
(i)
No person shall be stopped, inspected, or detained solely for a violation
of this section.
[1]
Editor's Note: This ordinance also repealed former § 14-385,
Limitations on use by those 21 years of age and under and operators
of commercial motor vehicles. Prior history includes Ord. No. 9883
and Ord. No. 10206.
