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Tue, Feb 09 2010 

Published October 19, 2009 12:27 am - The proposed ordinance mirrors a recently passed state law; some members of council are opposed to it.

Webb City to consider ban on texting while driving



By Emily Younker

eyounker@joplinglobe.com

WEBB CITY, Mo. — Webb City residents may soon have another reason to put their cell phones away while driving.

The City Council is considering an ordinance that would ban texting while driving for anyone 21 and younger. The proposed ordinance mirrors a state law that went into effect in August.

Police Chief Carl Francis said he favors adopting the state law as a city ordinance because it would allow officers to write citations that would go through municipal court rather than Jasper County Circuit Court. Violations of state law must go through the county court, he said.

“It’s more beneficial strictly because it’s easier for us to process tickets through municipal court,” he said. “And it doesn’t burden down the county prosecutor with municipal citations.”

But Francis acknowledged that the ordinance may be difficult to enforce.

“Anybody could be looking at their cell phone, but that doesn’t mean they’re texting,” he said. “You would have to see a person typing. Where you’re going to run into trouble is when they say, ‘I was dialing a number.’ ... Very rarely does somebody admit they were talking on their cell phone or texting.”

Francis said Webb City police haven’t ticketed anyone yet for texting while driving.

“I do not foresee this as something that will be written very often,” he said.

The state law prohibits anyone 21 and younger from reading, writing or sending text messages while driving. It does not apply to law enforcement officers, firefighters or ambulance drivers while they’re working, nor does it apply to anyone who is contacting emergency services.

The law specifically allows drivers to talk on their cell phones while driving; texting in a vehicle that is parked or stopped also is allowed.

Citations issued under the state law are considered moving violations and are assessed as points on an individual’s driver’s license.

Council members have offered mixed viewpoints on the proposal.

Councilman Don Darby said he disagrees with a texting ban that targets only young motorists. Councilman Jerry Fisher questioned why emergency personnel would be exempted from the ban.



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