[Adopted 1-13-2009 by L.L. No. 1-2009]
This article shall be known as the law "Prohibiting Text Messaging While
Driving."
As used in this article, the following terms shall have the meanings
indicated:
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 ear piece, head set, remote microphone or short-range wireless connection,
thereby allowing the user to operate said device without the use of 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
Any vehicle that is self-propelled by a motor, including, but not
limited to, automobiles, trucks, vans, construction vehicles, etc.
PERSON
Any natural person, corporation, unincorporated association, firm,
partnership, joint venture, joint-stock association or other entity or business
organization of any kind.
PUBLIC HIGHWAY
Any highway, road, street, avenue, alley, public place, public driveway,
or any other public way.
TEXT MESSAGE
Also referred to as "short messaging service (SMS)," shall mean the
process by which users send, read or receive messages on a wireless handset,
including, but not limited to, text messages, instant messages, electronic
messages or e-mails, 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 cellular telephones
and personal digital assistants (PDAs), capable of transmitting data in the
form of a text message.
This article shall be null and void on the day that state-wide legislation
goes into effect, incorporating either the same or substantially similar provisions
as are contained in this article, or in the event that a pertinent state or
federal administrative agency issues and promulgates regulations preempting
such action by the County of Monroe. The County Legislature may determine
via mere resolution whether or not identical or substantially similar state-wide
legislation, or pertinent preempting state or federal regulations have been
enacted for the purposes of triggering the provisions of this section.
If any clause, sentence, paragraph, subdivision, section or part of
this article or the application thereof to any person, individual, corporation,
firm, partnership, entity, or circumstance shall be adjudged by any court
of competent jurisdiction to be invalid or unconstitutional, such order or
judgment shall not affect, impair, or invalidate the remainder thereof, but
shall be confined in its operation to the clause, sentence, paragraph, subdivision,
section or part of this article, or in its application to the person, individual,
corporation, firm, partnership, entity, or circumstance directly involved
in the controversy in which such order or judgment shall be rendered.