O-11-40VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -11 -40
AN ORDINANCE AMENDING CHAPTER 22
( "VEHICLES AND TRAFFIC ") OF THE MUNICIPAL CODE
OF THE VILLAGE OF DEERFIELD REGARDING THE USE
OF WIRELESS TELEPHONES AND ELECTRONIC DEVICES
WHILE OPERATING A MOTOR VEHICLE
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
17th day of October , 2011.
Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Deerfield, Lake and
Cook Counties, Illinois, this
17thday of October , 2011.
I
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -11 -40
AN ORDINANCE AMENDING CHAPTER 22
( "VEHICLES AND TRAFFIC ") OF THE MUNICIPAL CODE
OF THE VILLAGE OF DEERFIELD REGARDING THE USE
OF WIRELESS TELEPHONES AND ELECTRONIC DEVICES
WHILE OPERATING A MOTOR VEHICLE
WHEREAS, the corporate authorities of the Village of Deerfield find that there are
significant risks related to distracted driving that include various aspects of the use of wireless
telephones and electronic devices on roads within the Village; and,
WHEREAS, the Illinois Vehicle Code currently prohibits, with some exceptions, the use of
wireless telephones while operating a motor vehicle on a roadway in a school speed zone, or on a
highway in a construction or maintenance speed zone; and,
WHEREAS, the Illinois Vehicle Code currently prohibits, with some exceptions, the use of
handheld electronic communication devices for the purpose of composing, reading or sending an
electronic message while operating a motor vehicle on a roadway; and,
WHEREAS, the corporate authorities of the Village of Deerfield have determined that it is
in the interest of public health, safety and welfare to prohibit the use of handheld wireless telephones
and electronic devices while operating a motor vehicle within the Village of Deerfield to the extent
provided in this Ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, in
the exercise of its home rule powers, as follows:
SECTION 1: That Article 13 ( "Miscellaneous Laws ") of Chapter 22 ( "Vehicles and
Traffic ") of the Municipal Code of the Village of Deerfield, as amended, be and the same is hereby
further amended to add the following as Section 22 -105C thereof:
22 -105C. Use of Wireless Telephones and Electronic Devices While Driving.
(a) As used in this section,
"Electronic communication device" shall mean an electronic device,
including but not limited to a wireless telephone, personal digital assistant, or
a portable or mobile computer while being used for the purpose of
composing, reading, or sending an electronic message, but does not include a
global positioning system or navigation system or a device that is physically
or electronically integrated into the motor vehicle.
"Wireless telephone" shall mean a device that is capable of transmitting or
receiving telephonic communications without a wire connecting the device to the
telephone network.
"Using" shall include, without limitation, (i) talking or listening to another person
on a telephone, (ii) text messaging; (iii) sending, reading or listening to an
electronic message; and, (iv) viewing or accessing internet sites.
(b) Except as provided in Paragraph (c) hereof, it is unlawful for any
person to drive or operate a motor vehicle while using any wireless telephone
or electronic communication device.
(c) It is an exception to the prohibition in Paragraph (b) if.
(1) the operator of a motor vehicle uses a wireless telephone solely in a
voice - activated or other hands -free mode that allows the driver to talk to
and listen to the other party on the telephone without the use of the
driver's hands;
(2) the operator of a motor vehicle is using a wireless telephone or
electronic communication device for the purpose of contacting or
communicating with public safety or other emergency service providers
while driving a motor vehicle;
(3) the prohibition in Paragraph (b) shall not apply to law enforcement
officers and operators of emergency vehicles when on duty and acting in
their official capacities;
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(4) the driver of a commercial motor vehicle is reading a message
displayed on a permanently installed communication device designed for
a commercial motor vehicle with a screen that does not exceed 10 inches
tall by 10 inches wide in size;
(5) a driver is using a wireless telephone or electronic communication
device while lawfully parked on the shoulder of a roadway;
(6) a driver is using a wireless telephone or electronic communication
device when the vehicle is stopped due to normal traffic being obstructed
and the driver has the motor vehicle transmission in neutral or park.
(d) Any person violating any provision of this section shall be fined not
less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars
($500.00) for each offense.
SECTION 2: That this amendment to Chapter 22 of the Municipal Code of the Village of
Deerfield shall be effective at 12:01 a.m. on November 1, 2011.
SECTION 3: That this Ordinance, and each of its terms, shall be the effective legislative act
of a home rule municipality without regard to whether such Ordinance should: (a) contain terms
contrary to the provisions of current or subsequent non - preemptive state law; or, (b) legislate in a
manner or regarding a matter not delegated to municipalities by state law. It is the intent of the
corporate authorities of the Village of Deerfield that to the extent that the terms of this Ordinance
should be inconsistent with any non - preemptive state law, this Ordinance shall supersede state law
in that regard within its jurisdiction.
[This Space Left Blank Intentionally]
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SECTION 4: That this Ordinance shall be in full force and effect from and after its passage,
approval and publication in pamphlet form as provided by law.
PASSED this 17th day of October , 2011.
AYES: Benton, Farkas, Oppenheim, Seiden, Struthers (5)
NAYS: None (0)
ABSENT: .Tester (1)
ABSTAIN: None (0)
APPROVED this 17th day of October , 2011.
ATTEST:
Village Clerk
ZAA�
Village Pi6sident
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