Title
Introduction of Incorporated County of Los Alamos Code Ordinance No. 02-378: An Ordinance Amending the Code of Ordinances of the Incorporated County of Los Alamos by Amending Sections 38-92 and 38-315 of Chapter 38, Traffic and Vehicles, Relating to the Penalty for Use of Handheld Mobile Communication Devices While Driving
Recommended Action
I introduce, without prejudice, Incorporated County of Los Alamos Code Ordinance No. . 02-378: An Ordinance Amending the Code of Ordinances of the Incorporated County of Los Alamos by Amending Sections 38-92 and 38-315 of Chapter 38, Traffic and Vehicles, Relating to the Penalty for Use of Handheld Mobile Communication Devices While Driving and ask the staff to assure that it is published as provided in the County Charter.
County Manager's Recommendation
The County Manager recommends that Council introduce this Code Ordinance.
Body
On May 6, 2025, the County Council adopted Code Ordinance 02-367: An Ordinance Amending the Code of Ordinances of the Incorporated County of Los Alamos by Amending Section 38-299 of Chapter 38, Traffic and Vehicles, Relating to the Use of Handheld Mobile Communication Devices while Driving, and Repealing Section 38-315 in its Entirety and Replacing it with a New Section 38-315, Relating to Distracted Driving. The County Council provided that a violation of Section 28-315 shall be treated as a penalty assessment misdemeanor as provided for in Section 315(f) with a penalty assessment of $200.00 without amending Section 38-92 to add this offense to the list of offenses that qualify for the penalty assessment program as provided for in Section 38-92 of the County Code. The purpose of this Code Ordinance is to make consistent how penalty assessment misdemeanors are provided for in the County Code by listing the offense in Section 38-92 and removing reference to the penalty assessment language in Section 315(f). Additionally, this Code Ordinance will maintain consistency in the County Code regarding penalty assessment language in the County Code and clearly bring violations of Sections 38-15 under the same requirements for other penalty assessment misdemeanors in the County Code.
Proposed Public Hearing Scheduled on May 5, 2026.
Alternatives
The Council could not introduce this ordinance and have the inconsistency in the penalty assessment remain.
Attachments
A - Incorporated County of Los Alamos Code Ordinance No. 02-378