Bismarck City Commission Passes Ordinance that Prohibits Texting While Driving Effective Oct. 26, 2010

The Bismarck City Commission passed an Ordinance that prohibits texting while driving effective Oct. 26, 2010. No person shall operate a motor vehicle on any highway, street or alley within the city limits while using a wireless communication device to read, view, write, compose or send an electronic message or electronic information. The details of the Ordinance are as follows:

12-09-46. Prohibition of Texting While Driving. No person shall operate a motor vehicle on any highway, street or alley within the city limits while using a wireless communication device to read, view, write, compose or send an electronic message or electronic information.

2. The prohibition imposed under this section shall not apply to a person operating a motor vehicle who is:
a. A law enforcement, fire department, or an emergency services professional performing official duties.Title 12 52
b. Reporting an emergency or criminal or suspicious activity to law enforcement or other emergency authorities.
c. Summoning medical or other emergency assistance.
d. Using a GPS device for navigation purposes.
e. Using a voice activated or other hands free wireless communication device.
f. Lawfully parked.
3. As used in this Section:
a. Electronic information shall mean email, text messaging and internet access from a wireless communication device.
b. Electronic message shall mean communication in the form of electronic text or electronic images transmitted or intended to be transmitted between physical devices.
c. Wireless communication device shall mean a handheld cellular telephone, computer, personal digital assistant or any device with texting, email and/or internet capability.
4. The penalty for a violation of this section is a fine of fifty dollars.
(Ord. 5793, 10-26-10)

For more information visit www.bismarck.org