[Adopted 11-16-2009 by L.L. No. 5-2009]
A. 
Declaration of intent. Text messaging while driving is a growing problem on our roads. This activity by its very nature involves the operator of a motor vehicle taking his or her hands off of the steering wheel as well as his or her eyes off of the road. Text messaging while driving is a clear distraction and leads to accidents, including but not limited to, fatal accidents. Until such time as the New York State Legislature passes a similar law, the Town of West Seneca needs to address this problem with a local law.
B. 
Definitions: As used in this section, the following items shall be defined as follows:
HANDS-FREE
The manner in which a wireless handset is operated for the purpose of composing, reading or sending text messages, by using an internal feature or function, or through an attachment or addition, including but not limited to, an earpiece, headset, remote microphone or short-range wireless connection, thereby allowing the user to operate said device without the use of the hands.
INOPERABILITY
A motor vehicle that is incapable of being operated or being operated in a safe and prudent manner due to mechanical failure, including but not limited to, engine overheating or tire failure.
MOTOR VEHICLE
The same meaning as defined in § 125 of the New York State Vehicle and Traffic Law.
PERSON
Any natural person, corporation, unincorporated association, firm, partnership, joint venture, joint stock association or other business entity or business organization of any kind.
STOPPED
Not in motion.
TEXT MESSAGE also referred to as SHORT MESSAGING SERVICE (SMS)
The process by which users send, read or receive messages on a wireless handset, including but not limited to, text messages, instant messages, electronic communication or e-mail, in order to communicate with any person or device.
USE
To hold a wireless handset in one's hand.
WIRELESS HANDSET
A portable electronic or computing device, including but not limited to, cellular telephones and personal digital assistants (PDAs) capable of transmitting data in the form of a text message.
C. 
Prohibition. No person shall use a wireless handset to compose, read or send text messages while operating a motor vehicle on any public street or public highway within the Town of West Seneca.
D. 
Exceptions. Notwithstanding Subsection C above, this article shall not be construed to prohibit the use of a wireless handset by:
(1) 
Any law enforcement, public safety or police officer, emergency services official, first aid, emergency medical technicians and fire safety officials in the course of their employment as such;
(2) 
A person using a wireless handset inside a motor vehicle while such motor vehicle is stopped, parked or standing and is removed from the flow of traffic, in accordance with applicable rules or ordinances, or is stopped due to the inoperability of such motor vehicle.
(3) 
Notwithstanding Subsection D, this law shall not be construed to prohibit a person operating a motor vehicle from using a hands-free wireless set.
E. 
Penalties. A violation of Subsection C above shall constitute an offense and shall be punishable by a fine not to exceed $150 or by imprisonment for not more than 15 days, or by both such fine and imprisonment. For conviction of a second violation within a period of 18 months, such person shall be punished by a fine of not more than $300 or by imprisonment of not more than 45 days, or by fine and imprisonment. Each such violation shall constitute a separate and distinct offense.
F. 
Enforcement. This article shall be enforceable by the Town of West Seneca Police Department and may be enforced by other law enforcement agencies having jurisdiction on the public streets and highways within the Town of West Seneca.
G. 
Effect on other laws. This article shall be null and void on the day that statewide New York legislation goes into effect, incorporating either the same or substantially similar provisions as contained in this article, or in the event that a pertinent state or federal administrative agency promotes regulations preempting such action by the Town of West Seneca. The New York State Legislature may determine via resolution whether identical or substantially similar statewide legislation or preempting regulations have been enacted for purpose of triggering the provisions of this article.