HomeMy WebLinkAbout5830-03.16.2026_Traffic_Code_Hand_Held_Device_Ban_2026_(2).docxDocusign Envelope ID: C54ADD03-9D18-4851-B95E-DD707E4C886E
Prepared by Martin Petersen, City Attorney, City of Waterloo, 715 Mulberry Street, Waterloo,
IA 50703, (319) 291-4327.
ORDINANCE NO. 5830
AN ORDINANCE AMENDING THE CITY OF WATERLOO TRAFFIC
CODE BY UN -RESERVING AND ADDING SECTION 421, USE OF
ELECTRONIC DEVICE WHILE DRIVING.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA
AS FOLLOWS:
Section 1. That Section 421, USE OF ELECTRONIC DEVICE WHILE DRIVING, of the
City of Waterloo Traffic Code is hereby un-reserved and added as follows:
1. For purposes of this section:
a. "Electronic device" means a device that is powered by electricity, including by a
battery, and that is capable of being used to compose, send, receive, or read an
electronic message, or that is capable of storing, retrieving on -demand, or displaying
videos, movies, broadcast television images, visual images, or audio or video data
files. "Electronic device" includes but is not limited to a telephone including a
cellular telephone, personal digital assistant, portable or mobile computer including a
tablet, two-way messaging device, electronic gaming device, and any substantially
similar portable device that is used to initiate, store, or receive electronic
communication, information, or data. "Electronic device" does not include a device
that is physically or electronically integrated into a motor vehicle, including but not
limited to an integrated global positioning system or navigation system when the
destination is entered into such system before the vehicle is in motion.
b. "Use" includes but is not limited to holding, viewing, or manipulating an
electronic device.
c. "Voice -activated or hands -free mode" means an attachment, accessory,
application, wireless connection, or built-in feature of an electronic device or motor
vehicle that allows a person to use verbal commands or a single touch to activate or
deactivate the device or a function or software application of the device. "Voice -
activated or hands -free mode" does not include accessing non -navigation video
content, engaging in a video call, accessing or engaging in video streaming, accessing
gaming data, or reading an electronic message or notification.
2. A person shall not use an electronic device while driving a motor vehicle unless the
motor vehicle is at a complete stop off the traveled portion of the roadway, or as far away
from the center of the roadway as is practicable if the vehicle cannot be entirely removed
from the traveled portion of the roadway.
a. A person does not violate this section by using an electronic device in a voice -
activated or hands -free mode.
b. The provisions of this subsection relating to the use of an electronic device do not
apply to the following persons:
(1) A member of a public safety agency, as defined in section 34.1, performing
official duties.
(2) A health care professional in the course of an emergency situation.
Docusign Envelope ID: C54ADD03-9D18-4851-B95E-DD707E4C886E
Ordinance No. 5830
Page 2
(3) A person receiving safety -related information including emergency or
weather alerts.
(4) A person using an electronic device for the purpose of reporting an
emergency situation, including any continued communication with emergency
personnel during the emergency situation or public transit personnel responding to
a transit -specific situation.
(5) A person operating an implement of husbandry.
(6) A person using a two-way radio transmitter or receiver who is licensed with
the federal communications commission in amateur radio service.
(7) A member of a public transit system, as defined in section 324A.1,
performing official duties while in a vehicle that is not in motion.
(8) A utility maintenance employee or contractor using an electronic device while
in a utility maintenance vehicle, for the purpose of providing utility services
including but not limited to cable, electric, natural gas, telephone,
telecommunication, water, and wastewater treatment services, provided the
employee or contractor is acting within the scope of their employment or agency.
(9) A transportation network company driver, as defined in section 321N.1, while
engaged in a prearranged ride, as defined in section 321N.1, provided the vehicle
is not in motion.
(10) A person using an electronic device for the purpose of accessing or using a
fleet management system.
3. Nothing in this section shall be construed to authorize a peace officer to confiscate an
electronic device from the driver or occupant of a motor vehicle.
4. a. A person convicted of a violation of this section is guilty of a simple misdemeanor
punishable as a scheduled violation under section 805.8A, subsection 14, paragraph "1".
b. A violation of this section shall be considered a moving violation for purposes of
this chapter and rules adopted pursuant to this chapter.
Section 2. If any section, provision or part of this chapter shall be adjudged invalid or
unconstitutional, such adjudication shall not affect the validity of this chapter as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
Section 3. This ordinance shall be in full force and effect from and after its passage and
publication as provided by law.
INTRODUCED: March 16, 2026
PASSED 1st CONSIDERATION: March 16, 2026
PASSED 2nd CONSIDERATION: March 16, 2026
PASSED 3rd CONSIDERATION: March 16, 2026
PASSED AND ADOPTED this 16th day of March, 2026.
r—Signed by:
Vtta bbt,suit,
ATTEST:
Signed by:
K fdd&
eliey felcnieAB
City Clerk
aavia Bli oese°n,2ivlayor
Docusign Envelope ID: C54ADD03-9D18-4851-B95E-DD707E4C886E
Ordinance No. 5830
Page 3
CERTIFICATE
I, Kelley Felchle, City Clerk of the City of Waterloo, Iowa, do hereby certify that the
preceding is a true and complete copy of Ordinance No. 5830 as passed and adopted by the City
Council of the City of Waterloo, Iowa, on the 16th day of March 2026.
Witness my hand and seal of office this 16th day of March 2026.
Signed by:
e re6§8f)etceire,ity Clerk
SEAL