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Kearney adopts hands-free driving ordinance mirroring state law
Summary
The Board approved an ordinance aligning city code with a recently enacted state statute; Police Chief Mark Thomas said the offense is a secondary violation (officers must observe a primary violation before issuing a summons for non-hands-free phone use).
The Kearney Board of Aldermen voted to add a hands-free driving ordinance to the municipal code, aligning local rules with the state law enacted earlier this year.
Chief Mark Thomas described the local ordinance as "basically a mirror of the state statute" and explained it creates a secondary offense: "It is a secondary violation. In other words, the people cannot be stopped for the primary violation. You have to have a primary violation to get stopped. It's like a seat belt...So you can't be stopped because you're talking on the phone. However, if you're stopped for something else and it's you see that someone's talking on the phone without the hands free, they can be issued an additional summons."
The board read the ordinance on first and second readings and approved it unanimously on second reading. The ordinance adds a new section to the municipal code relating to hands-free driving; staff did not raise additional implementation questions during the meeting.
What happens next: the ordinance amends city code to allow officers to issue summonses consistent with state law; the city clerk will publish the adopted ordinance and the code section as read at the meeting.
