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Los Alamos Council adopts distracted-driving ordinance, tightening focus on handheld phone use

3206111 · May 6, 2025
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

The Los Alamos County Council unanimously adopted Ordinance 02-367 on May 6, 2025, amending local traffic code to emphasize prohibition of handheld mobile device use while driving and to replace an older distracted-driving section.

Los Alamos County Council on May 6 adopted Ordinance 02-367, amending chapter 38 of the county code to target the use of handheld mobile communication devices while driving. The motion passed 7-0.

The ordinance amends section 38-299 and repeals section 38-315, replacing it with a new section 38-135 that consolidates distracted-driving prohibitions and places specific emphasis on handheld phones. Police Chief Scambellone, who presented the item, said the change “puts more of a focus on the use of the phone” as part of the county’s broader traffic-safety strategy and that the revision followed earlier concerns about ambiguous language.

Why it matters: Council and staff said the change is intended to give officers clearer enforcement language and reinforce public messaging about the role of phones in many collisions. Chief Scambellone told the council the ordinance is part of a suite of traffic-safety efforts that includes a speed-camera program.

Council discussion and clarifications: Councilor Reiting asked whether language that could have barred use of vehicle-mounted microphones — used by police, bus operators and some construction vehicles — remained in the draft. Chief Scambellone replied that the amended draft “takes out the language that could have been interpreted to, prohibit the use of a microphone,” and said that removal was deliberate so that essential in-vehicle equipment would not be captured by the ban.

Councilor Hamlin moved adoption. Councilor Reedy seconded. During discussion Councilor Hamlin and others praised staff for revising the language and emphasized the ordinance’s role in public-safety outreach. The council recorded a unanimous roll call of yes votes; the clerk announced “Motion passes 7 0.”

Enforcement and scope: The ordinance contains a rebuttable presumption clause that treats an operator holding a device to or in the immediate proximity of the ear as engaging in a call, while allowing for evidence that the operator was not on a call. Chief Scambellone and councilors noted practical enforcement challenges in some “what if” scenarios (for example, a device sitting on a console versus being actively held), but said the statute’s clearer focus on phones was supported by crash data linking phone use to accidents.

What the ordinance does not do: Staff and councilors stressed it is not intended to prohibit vehicle-mounted radios or other safety-critical in-vehicle communications and that routine hands-free calls using integrated Bluetooth systems are not the target of the prohibition.

What’s next: Staff was asked to publish the ordinance in summary form as provided in the county charter and to continue public messaging around the change.