07-13-09 Common Council Meeting Agenda & Packet

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Telecommunication Devices in School Crossing Zone Ordinance Page 2 The new regulations are believed to be reasonable and necessary in furthering the health and public safety interests of helping to protect our school children, our school crossing guards, and the motoring public in our community. C~/~o-uy, ~~l~e~o~e, Ge it oa~/z~inec~ by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 20, Article 13, of the South Bend Municipal Code shall be read in its entirety as follows: ARTICLE 13. REGULATIONS ON THE USE OF HAND-HELD MOBILE TELEPHONES, MOBILE COMMUNICATION DEVICES AND TELECOMMUNICATIONS DEVICES IN SCHOOL ZONES Sec. 20-130 Definitions. In this section: ,(1) ENGAGING IN A CALL means talking into, dialing, or listening on a hand-held mobile telephone, but does not include holding a mobile telephone to activate or deactivate the telephone. (2) HAND-HELD MOBILE TELEPHONE means a mobile telephone with which a user engages in a call using at least one hand (or prosthetic device or aid in the case of a physically disabled person). (3) HANDS-FREE MOBILE TELEPHONE means a mobile telephone that has an internal feature or function or that is equipped with an attachment or addition, whether or not permanently part of the mobile telephone, by which a user engages in a call without the use of either hand (or prosthetic device or aid in the case of a physically disabled person) whether or not the use of either hand (or prosthetic device) is necessary to activate or deactivate the mobile telephone. (~) MOBILE COMMUNICATION DEVICE means atext-messaging device or other electronic, two-way communication device that is designed to receive and transmit voice communication, text communication, or both. The term includes a mobile telephone and a personal digital assistant (PDA). (5) MOBILE TELEPHONE means a device used by subscribers and other users of wireless telephone service to access such service.