[HISTORY: Adopted by the Common Council of the City of Rensselaer 7-15-2009 by L.L. No.
2-2009. Amendments noted where applicable.]
A.
This Common Council finds that distracted drivers are the cause of
a significant percentage of motor vehicle accidents.
B.
This Common Council finds that a motor vehicle driver who composes,
sends, or reads text messages while driving is adversely affecting
his or her driver reaction time and attention, which inevitably decreases
public safety.
C.
This Common Council finds that there are an increased number of distracted
drivers who are composing, sending or reading text messages while
driving, and that these actions currently are not prohibited by any
federal, state or local law.
D.
This Common Council finds that it is in the best interest and safety
of the driving public to prohibit drivers from composing, reading
or sending text messages while driving.
As used in this chapter, 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 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.
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, or to activate,
deactivate or initiate functions or keys on a 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.
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 City of Rensselaer.
B.
Subsection A of this section 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, and fire safety officials in the performance of
duties arising out of and in the course of their employment.
(2)
A person using a wireless handset to contact any law enforcement,
public safety, fire safety, or emergency services officials.
(3)
A person using a wireless handset while the motor vehicle is parked,
standing or stopped, or while such motor vehicle is stopped due to
the inoperability of the motor vehicle.
This chapter 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 chapter, or in the event
that a pertinent state or federal administrative agency issues and
promulgates regulations preempting such action by the City of Rensselaer.
The Common Council 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.
[1]
Editor's Note: For current state law provisions, see Vehicle
and Traffic Law § 1225-d.
This chapter shall take effect on August 1, 2009.
