Texting While Driving_Ordinance No. 10663-19

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2ND SUBSTITUTE BILL NO. 24-19 ORDINANCE NO. 10663-19 AN ORDINANCE OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA, AMENDING THE SOUTH BEND MUNICIPAL CODE BY REPEALING CURRENT CHAPTER 20, ARTICLE 13 AND THE INCLUSION OF NEW CHAPTER 20, ARTICLE 13, ENTITLED “REGULATIONS ON THE USE OF HAND-HELD MOBILE OR WIRELESS TELEPHONES, ELECTRONIC COMMUNICATIONS DEVICES AND TELECOMMUNICATIONS DEVICES WHILE DRIVING” ______________________________________________________________________________ STATEMENT OF PURPOSE AND INTENT ______________________________________________________________________________ The current version of Chapter 20, Article 13 of the South Bend Municipal Code prohibits the use of certain hand-held communication devices only in school zones. Subsequent data has made it clear that distracted driving through use of hand-held communication devices has increased accidents resulting in personal injuries and property damages on all types of roadways, not just in school zones. Indiana Code 9-21-1-2 provides local authorities, with the right to adopt, by ordinance, traffic regulations with respect to highways under the local authority’s jurisdiction, as long as the ordinance does not conflict with, or duplicate, a statute. This ordinance does not conflict with or duplicate a statute and is designed to reduce the number of motor vehicle accidents caused by distracted driving by expanding the prohibition on the use of hand-held communication devices while driving on any roadway within the City of South Bend. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. Chapter 20, Article 13 is hereby amended to read in its entirety as follows: ARTICLE 13.- REGULATIONS ON THE USE OF HAND-HELD MOBILE OR WIRELESS TELEPHONES, ELECTRONIC COMMUNICATIONS DEVICES ANDTELECOMMUNICATIONS DEVICES WHILE DRIVING Sec. 20-130. - Definitions. In this article: (1) Electronic communications device, except as provided in subsection (h), means any of the following: (a) A broadband personal communications device. (b) A gaming system or device capable of displaying games. (c) A handheld device, laptop computer, or tablet computer with mobile data access. (d) A pager or two-way messaging device. (e) A personal digital assistant. (f) A mobile or wireless telephone. (g) The functional equivalent or successor to any device listed in subdivisions (a) through (f).