9946-09 Amend Chapter 20, Inclusion of new article 13 - regulations on the use of handheld mobile telephones

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Ordinance No. <q I To_() O 1 Bill No. `" F 05 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 20 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 13 ENTITLED REGULATIONS ON THE USE OF HAND- HELD MOBILE TELEPHONES, MOBILE COMMUNICATION DEVICES AND TELECOMMUNICATIONS DEVICES IN SCHOOL ZONES; AMENDING SECTION 2 -213 ENTITLED SCHEDULE OF ORDINANCE AND CODE VIOLATIONS AND SECTION 20 -98 ENTITLED OBEDIENCE TO SCHOOL CROSSING GUARD REQUIRED OF THE SOUTHBEND MUNICIPAL CODE STATEMENT OF PURPOSE AND INTENT The South Bend Common Council notes that the Indiana General Assembly enacted Senate Bill 0016 which among other things prohibits an operator of a motor vehicle under the age of eighteen (18) from operating a motor vehicle while using a telecommunications devices except for making a 911 emergency call. This new state law will take effect on July 1, 2009. The South Bend Common Council notes that many communities throughout the country have been studying the effect of persons who use telecommunications devices while driving and the resulting increase in the amount of accidents. The increased use of such devices for calling and texting has created a situation for more distracted drivers, especially in school zones. Last November, a School Crossing Guard in Elkhart County was injured by a motorist driving though a school zone while using a cell phone. Last Fall, testimony from the South Bend School Crossing Guards at joint meetings of the Council's Health and Public Safety Committee and the Personnel and Finance Committee highlighted the increasing dangers which they have witnessed as a result of drivers using cell phones in school crossing zones. South Bend Municipal Code § 20 -5 notes that school crossing guards who are designated by the South Bend Police Department assist "...school children in the crossing of streets while en route to and from their respective schools and homes ". Such school crossing guards are "...an arm of the Police Department with the police power to enter streets or street intersections and to stop or otherwise direct both vehicular and pedestrian traffic upon the street ", with those regulations being enacted in 1967 in original Ordinance No. 4960 -67. South Bend Municipal Code § 20 -98 further notes that "no operator of a vehicle or any pedestrian shall willfully disobey the signal or order of a School Crossing Guard with respect to the passage of vehicle or pedestrian in and upon the streets within the City ", with these regulations also being enacted in 1967 as a part of original Ordinance No. 4960 -67. Indiana state laws set forth regulations on school crossing zones but do not currently address the use of hand -held telecommunication devices, mobile telephones or mobile communication devices while driving in such zones.