[HISTORY: Adopted by the Legislature of the County of Monroe as indicated
in article histories. Amendments noted where applicable.]
[Adopted 1-13-2009 by L.L. No. 1-2009[1]]
[1]
Editor's Note: This local law also provided that it shall take
effect 180 days after its enactment.
This article shall be known as the law "Prohibiting Text Messaging While
Driving."
A.
The Legislature hereby finds that distracted drivers
are to blame for 80% of car accidents in the United States. Though New York
State was the first to prohibit cell phone use while driving, cell phone text
messaging while driving is still a problem.
B.
The Legislature finds that a 2007 Harris Interactive
poll reports that 91% of Americans believe that text messaging while driving
is as dangerous as drunk driving. Nonetheless, 66% of young adults send text
messages while driving, according to a Zogby Poll.
C.
The purpose of this article is to deter the composition,
reading or sending of text messages while operating a motor vehicle, a proven
factor in car accidents.
As used in this article, the following terms shall have the meanings
indicated:
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.
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.
Any vehicle that is self-propelled by a motor, including, but not
limited to, automobiles, trucks, vans, construction vehicles, etc.
Any natural person, corporation, unincorporated association, firm,
partnership, joint venture, joint-stock association or other entity or business
organization of any kind.
Any highway, road, street, avenue, alley, public place, public driveway,
or any other public way.
Not in motion.
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.
To hold a wireless handset in one's hand.
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.
A.
No person shall use a wireless handset to compose, read
or send text messages while operating a motor vehicle on any public highway
within the County of Monroe.
B.
Notwithstanding Subsection A, this article shall not be construed to prohibit the use of any wireless handset by:
(1)
Any law enforcement, public safety or police officers,
emergency services officials, first aid, emergency medical technicians and
personnel, and fire safety officials in the performance of duties arising
out of and in the course of their employment as such;
(2)
A person using a wireless handset to contact any law
enforcement, public safety or police officers, emergency services officials,
first aid, emergency medical technicians and personnel, and fire safety officials;
(3)
A person using a wireless handset inside a motor vehicle
while such motor vehicle is parked, standing or stopped and is removed from
the flow of traffic, in accordance with applicable laws, rules or ordinances,
or is stopped due to the inoperability of such motor vehicle.
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.
