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Sparks adopts distracted‑driving civil infraction ordinance; officers to use discretion for non‑phone distractions
Summary
The council adopted Bill 2827 to add Sparks Municipal Code section 10.60.135 allowing civil infractions for distracted driving beyond existing state cellphone statute (NRS 484B.165); police said the ordinance targets behaviors that impede safe vehicle operation rather than every minor activity.
The Sparks City Council unanimously adopted Bill 2827, creating Sparks Municipal Code section 10.60.135 to allow civil enforcement of distracting behaviors that impede a driver’s ability to safely operate a vehicle.
Sergeant Sean Congdon of the Sparks Police Department said the new city ordinance is intended to fill gaps not covered by state law, which already criminalizes certain cellphone use (Nevada Revised Statutes related to distracted driving referenced by staff). Congdon said the federal and state data show multiple types of distraction — phone use, eating, grooming, adjusting controls — and that officers have encountered drivers whose behavior presents a safety hazard but who cannot be cited under existing statutes.
“Anything that’s going to hinder your ability to safely drive down the road,” Congdon said, describing the kinds of conduct the ordinance is meant to capture. He added officers would not ticket people simply for eating if they were safely operating the vehicle.
Council Member Bybee asked whether the ordinance specifies particular behaviors or leaves discretion to officers; Congdon said the language will not list every example and officers will use the ordinance to address conduct that creates a public‑safety risk (for example, drivers drifting out of lanes or failing to move when a light turns green because they are distracted).
Council Member Vanderwell moved to adopt the bill and Council Member Rodriguez seconded; the motion carried unanimously.
Why it matters: the ordinance gives local police a civil enforcement tool for dangerous distracted behaviors that staff say are not explicitly covered by the state distracted‑driving statute, while staff emphasized they do not intend to criminalize ordinary minor activities that do not impair safe operation.
