It is the purpose of this chapter to regulate the use of mobile telephones
while operating a motor vehicle within the village.
As used in this chapter, the following terms shall have the meanings
indicated:
HANDS-FREE DEVICE
An attachment, add-on, or addition to a mobile telephone, whether
or not permanently installed in the motor vehicle, that when used allows the
operator of a motor vehicle to maintain both hands (or prosthetic device or
aid in the case of a physically handicapped person) on the applicable steering
device.
MOBILE TELEPHONE
Includes but is not limited to cellular, analog, wireless, and digital
telephones capable of sending or receiving telephone communications without
an access line for service.
USE
Talking or listening on a mobile telephone.
VILLAGE
The Village of Great Neck Plaza.
Effective April 1, 2001, no person shall engage in the use of a mobile
telephone while operating a motor vehicle on any public street or public highway
within the village while the motor vehicle is in motion on such public street
or public highway, unless such mobile telephone is equipped and used with
a hands-free device.
Any violation of any provision of §
137-3 of this chapter shall constitute an offense and be punishable by a fine not to exceed $10 for the first such violation, $25 for the second such violation, and $150 for each subsequent violation. Each such violation shall constitute a separate and distinct offense. The monetary fine for the first such violation may be waived if a judicial finding is made that the alleged violator had no knowledge of the prohibition set forth in §
137-3.
In the case of an emergency phone call, it shall be an affirmative defense for an individual prosecuted under §
137-3 to produce documentary evidence that the phone call which represents the alleged violation was made for the sole purpose of contacting:
A. A 911 emergency telephone number or any successor emergency
number thereto.
C. An Ambulance company or corps.
D. A fire department, fire district or fire company.
F. A medical doctor's office.
This chapter shall be null and void on the day that any federal, state
or Nassau County legislation goes into effect incorporating either the same
or substantially similar provisions as are contained in this chapter, or in
the event that a pertinent federal, state or Nassau County administrative
agency issues and promulgates regulations preempting such action by the village.