§ 10.04.100. Inattentive driving.

A.

A person is guilty of inattentive driving if, while operating a motor vehicle on the streets of American Fork City, that person commits a moving violation (punishable under state law and/or local ordinance) while driving in an inattentive manner.

B.

For purposes of this section, "inattentive manner" shall mean the operation of a motor vehicle in a manner which evidences a lack of that degree of attentiveness required to safely operate the vehicle under the prevailing road, traffic (vehicular and pedestrian), and weather conditions; and shall include those situations where the vehicle operator diverts or divides his or her attention from the safe operation of his or her vehicle to, towards or with some action within the vehicle.

C.

It shall be a rebuttable presumption that the causes of diverted or divided attention (i.e., acts of inattentive driving), for purposes of this section, shall include but not be limited to the following:

1.

The use or operation of telephones (including but not limited to cell phones, car phones, walkie talkies, and hand radios);

2.

The use or operation of computers (including but not limited to laptops, hand-held computers, and organizers);

3.

Tactile (physical) operation of operational or sound system components, buttons, dials, and accessories (including but not limited to radios, stereos, compact disk players, compact disks, and cartridges);

4.

Reading (maps and other hand-held reading material);

5.

Eating and/or drinking;

6.

Observation of video displays within the vehicle being operated (including but not limited to television, video machine, and dashboard video displays);

7.

Attention to personal hygiene (including but not limited to combing or otherwise viewing hair, brushing teeth, applying makeup and/or mascara, putting drops in eyes);

8.

Physically attending to passengers of the driver's vehicle in nonemergency situations; and

9.

Sleeping or dozing while operating the vehicle.

D.

Inattentive driving:

1.

Is a separate offense from the moving violation punishable under state law and/or local ordinance.

2.

Is an infraction, punishable by a fine of not more than one hundred dollars.

(Ord. No. 2004-10-45, § I, 10-26-2004)