It may soon be illegal for Gallup motorists

Copyright © 2008
Gallup Independent
By Kevin Killough
Staff writer

GALLUP — The mayor and council will vote Tuesday night on an ordinance penalizing drivers who cause accidents by engaging in a range of distracting activities while driving. Also on the agenda is an ordinance that will function like a curfew ordinance but will penalize parents.

According to a draft of the Driving While Distracted ordinance, these would include shaving, putting on makeup, changing clothes, sending and reading text messages, and talking on a cell phone. The current draft of the ordinance calls for a citation to be issued the first time a driver is stopped for being distracted. If a driver causes an accident by being inattentive, he or she will be fined up to $500 and may spend 90 days in jail.

The ordinance is the culmination of months of discussions of how to deal with what is being said to be a major problem. No figures have been presented as to how many accidents in Gallup are a result of inattentive drivers, but the ordinance is identical to a state law.

The mayor and council will also vote on the Parent And Child Responsibility Ordinance. Local curfew laws are prohibited under the State Children’s Code, according to a memo to the mayor and council by City Attorney Dave Pederson. The proposed ordinance would detain children out past curfew times. The child wouldn’t face any criminal sanctions. Instead, a “responsible adult” would be contacted to come pick the child up. If no adult can be contacted, the child will be turned over to the Child Youth and Family Department. The child’s guardian may then be fined $500 and ordered to seek counseling.

The time limits would be 10 p.m. for children under 12, 11 p.m. for children 12 to 14, and midnight for children 15 to 18. Children at a private resident or yard, a motel room with an adult present, or children out on school, recreational or religious activities with an adult would be exempted under the proposed ordinance.

The City Council meeting begins at 6 p.m. Tuesday with the working session. Dana Millen, with the Heal Security for New Mexicans Campaign, will give a presentation on the New Mexico Health Security Act. The mayor and council will vote on the ordinances at the regular session, which begins at 7 p.m.