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07-27-09 Common Council Meeting Agenda & Packet
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07-27-09 Common Council Meeting Agenda & Packet
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9/10/2009 2:52:27 PM
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City Council - City Clerk
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Ordinance No. <br />Bill No. <br />AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, <br />INDIANA, AMENDING CHAPTER 20 OF THE SOUTHBEND MUNICIPAL CODE BY THE <br />INCLUSION OF NEW ARTICLE 13 ENTITLED REGULATIONS ON THE USE OF HAND- <br />HELD MOBILE TELEPHONES, MOBILE COMMUNICATION DEVICES AND <br />TELECOMMUNICATIONS DEVICES IN SCHOOL ZONES; AMENDING SECTION 2-213 <br />ENTITLED SCHEDULE OF ORDINANCE AND CODE VIOLATIONS AND SECTION 20-98 <br />ENTITLED OBEDIENCE TO SCHOOL CROSSING GUARD REQUIRED OF THE <br />SO UTH BEND MUNICIPAL CODE <br />STATEMENT OF PURPOSE AND INTENT <br />The South Bend Common Council notes that the Indiana General Assembly enacted Senate <br />Bill 0016 which among other things prohibits an operator of a motor vehicle under the age of <br />eighteen (18) from operating a motor vehicle while using a telecommunications devices except for <br />making a 911 emergency call. This new state law will take effect on July 1, 2009. <br />The South Bend Common Council notes that many communities throughout the country <br />have been studying the effect of persons who use telecommunications devices while driving and the <br />resulting increase in the amount of accidents. The increased use of such devices for calling and <br />texting has created a situation for more distracted drivers, especially in school zones. <br />Last November, a School Crossing Guard in Elkhart County was injured by a motorist <br />driving though a school zone while using a cell phone. Last Fall, testimony from the South Bend <br />School Crossing Guards at joint meetings of the Council's Health and Public Safety Committee and <br />the Personnel and Finance Committee highlighted the increasing dangers which they have <br />witnessed as a result of drivers using cell phones in school crossing zones. <br />South Bend Municipal Code § 20-5 notes that school crossing guards who are designated by <br />the South Bend Police Department assist"...school children in the crossing of streets while en route <br />to and from their respective schools and homes". Such school crossing guards are "...an arm of the <br />Police Department with the police power to enter streets or street intersections and to stop or <br />otherwise direct both vehicular and pedestrian traffic upon the street", with those regulations being <br />enacted in 1967 in original Ordinance No. 4960-67. <br />South Bend Municipal Code § 20-98 further notes that "no operator of a vehicle or any <br />pedestrian shall willfully disobey the signal or order of a School Crossing Guard with respect to the <br />passage of vehicle or pedestrian in and upon the streets within the City", with these regulations also <br />being enacted in 1967 as a part of original Ordinance No. 4960-67. <br />Indiana state laws set forth regulations on school crossing zones but do not currently address <br />the use of hand-held telecommunication devices, mobile telephones or mobile communication <br />devices while driving in such zones. <br />
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