[Adopted 6-10-2009 by L.L. No. 3-2009]
This article shall be known as the "Driving While Texting and/or
Twittering Law."
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 use of hands.
INOPERABILITY
A motor vehicle that is incapable of being operated or incapable
of being operated in a safe and prudent manner due to mechanical failure,
including but not limited to engine overheating, nonfunctioning brakes
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.
TWITTERING
Social networking and using a micro-blogging service that
enables its users to send and read other users' updates known
as "tweets." Tweets are text-based posts of up to 140 characters in
length which are displayed on the user's profile page and delivered
to other users who have subscribed to them (known as "followers").
Senders can restrict delivery to those in their circle of friends
or, by default, allow anybody to access them. Users can send and receive
tweets via a "twitter" website, short message service (SMS) or external
applications. The service is free to use over the Internet, but using
SMS may incur phone service provider fees.
USE
To hold a wireless handset in one's hand or read or
touch one within arm's length of the driver.
WIRELESS HANDSET
A portable electronic or computing device, including but
not limited to cellular telephones, portable computers 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 statewide
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 Ulster.
The Ulster County Legislature may determine by resolution whether
or not identical or substantially similar statewide legislation or
pertinent preempting state or federal regulations have been enacted
for the purposes of triggering the provisions of this section.