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Wausau staff to rewrite city's handheld-device ordinance to conform with state inattentive-driving law
Summary
City staff told the committee that local ordinance 10.01012 on handheld mobile device use conflicts with recent state law; attorney guidance said municipalities must conform to the state inattentive-driving statute (referenced as 346.89), so staff will return with a revised draft and updated signage.
City staff told the Public Health & Safety Committee on Jan. 19 that Wausau's existing ordinance regulating handheld phone and mobile electronic device use is not aligned with changes in state law and therefore cannot be enforced in its current form.
Anne (city staff) said the posted signs and the city's ordinance are out of date and staff is working with the city attorney's office to prepare a rewrite. "Our current ordinance is not conforming to new state power or state law," Anne said, and added that enforcement is not possible until the language is revised.
Legal counsel (speaker 11) explained that any municipal traffic regulation must strictly conform with the state inattentive-driving statute, referenced in the meeting as 346.89, and that the city's separate ordinance (10.01012) created cross-referencing issues with the city's traffic code. "Any traffic regulation brought by a municipality has to be in strict conformity with the state statute," counsel said.
Staff will prepare a revised ordinance draft and updated signage for committee review and possible approval at a future meeting; no enforcement change or vote occurred at the Jan. 19 session.
Reported facts and quotes are taken from the meeting transcript and the staff/legal remarks above.
