[Adopted 9-22-2009 by L.L. No. 5-2009]
A.
Text messaging while driving is a growing problem on our roadways.
This activity by its very nature involves the driver taking hands
off the wheel and eyes off the road and is a clear distraction that
leads to accidents and fatalities. Often it is the younger, less-
experienced driver who texts while underway. Until such time as the
New York State Legislature passes a similar law, the City of North
Tonawanda needs to address this problem with a local law.
B.
HANDS FREE
INOPERABILITY
MOTOR VEHICLE
PERSON
STOPPED
TEXT MESSAGE [ALSO REFERRED TO AS "SHORT MESSAGING SERVICE"
(SMS)]
USE
WIRELESS HANDSET
Definitions. 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 earpiece, headset, remote microphone
or short-range wireless connection, thereby allowing the user to operate
said device without the use of the hands.
Any 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, buses, construction
vehicles, motorcycles, etc.
Any natural person, corporation, unincorporated association,
firm, partnership, joint venture, joint stock association or other
entity or business organization of any kind.
Not in motion.
The process by which users send, read or receive messages
on a wireless handset, including, but not limited to, text messages,
instant messages, electronic or e-mail, in order to communicate with
any person or device.
To hold and operate 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.
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 City of North Tonawanda.
D.
Exceptions.
(1)
Notwithstanding Subsection C above, this article shall not be construed to prohibit the use of wireless handset by:
(a)
Any law enforcement, public safety or police officers, peace
officers, emergency services officials, first aid, emergency medical
technicians and personnel and fire safety officials in the course
of their employment as such;
(c)
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.
E.
Penalties for offenses.
(1)
A violation of Subsection C of this article shall constitute an offense and be punishable by a fine not to exceed $150 for each single violation. Each such violation shall constitute a separate and distinct offense.
(2)
This article shall be enforced by the City of North Tonawanda Police
Department and may be enforced by any other law enforcement agency
having jurisdiction.
F.
Effect on other laws. This article shall be null and void on the
day that the statewide New York 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 City of North Tonawanda. The New York State legislature
may determine via resolution whether identical or substantially similar
statewide legislation or preempting regulations have been enacted
for the purposes of triggering the provisions of this section.
