HomeMy WebLinkAboutTexting While Driving_Ordinance No. 10663-192ND 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”
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STATEMENT OF PURPOSE AND INTENT
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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).
(h) The term does not include the following:
(1) Amateur radio equipment that is being operated by a
person licensed as an amateur radio operator by the Federal
Communications Commission under 47 CFR Part 97.
(2) A communications system installed in a commercial motor
vehicle weighing more than ten thousand (10,000) pounds.
(2) Engaging in a call means talking into, dialing or listening on a hand-held mobile or
wireless telephone, but does not include holding a mobile telephone to activate or
deactivate the telephone by pressing not more than one (1) button to initiate or terminate
a voice communication or other transmission described in this article.
(3) Hand-held mobile telephone means a mobile or wireless 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).
(4) Hands-free mobile telephone means a mobile or wireless 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 or wireless 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.
(5) Mobile communication device means a text-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).
(6) Mobile telephone means a device used by subscribers and other users of wireless
telephone service to access such service.
(7) School crossing zone means a part of a roadway distinctly indicated for crossing by
children on the way to or from school by lines or other markings on the surface of the
roadway or by signs as addressed by Indiana Code §9-13-2-161.5.
(8) Text message means a two-way communication (whether real-time or asynchronous) in
which data (composed in whole or in part of text, numbers, images or symbols) is sent,
entered or received by a method other than by voice and transmitted through either a
short message service (SMS) or a computer network. The term includes electronic or e-
mails. The term does not include a communication transmitted through a global
positioning or navigation system.
(9)Telecommunications device means an electronic or digital telecommunications device
or digital telecommunications device as addressed in Indiana Code §9-13-2-177.3 and
includes hand-held mobile or wireless telephones and mobile communication devices.
(10) Wireless telephone means a device used by subscribers and other users of wireless
telephone service to access such service.
(11) Wireless telephone service means two-way, real time voice telecommunications service
that is interconnected to a public switched telephone network and is commonly referred
to as cellular service or personal communication service.
Sec. 20-131. - Drivers prohibited from using hand-held mobile or wireless telephones,
mobile communication devices and telecommunication devices while driving .
(1) Except as provided in Sec. 20-132, a person may not:
(a) hold or handle an electronic communications device;
(b) participate in text messaging; or
(c) view, record, or broadcast images or video;
while operating a moving motor vehicle.
(2) An operator of a motor vehicle who holds a mobile telephone or telecommunications device
or an electronic communications device to or in the immediate proximity of his or her ear
while the vehicle is in motion is presumed to be engaging in a call under this article.
Immediate proximity is any distance that permits the user of a mobile telephone or
telecommunication device to hear telecommunications transmitted over the telephone or
device and does not require physical contact with the user's ear.
Sec. 20-132. - Limited exceptions.
Section 20-131 does not apply to the following:
(1) A law enforcement officer who is operating within the scope of the officer's employment,
including while the law enforcement officer is:
(A) working in a plainclothes capacity;
(B) working in an undercover capacity; or
(C) responding to an emergency.
(2) A firefighter, emergency medical technician (EMT), paramedic, other first responder or
other emergency personnel, including authorized volunteers, while acting within the scope of
their employment or authority and while responding to an emergency.
(3) A driver using an electronic communications device for the sole purpose of communicating
with emergency personnel or law enforcement regarding an emergency.
(4) A driver using an electronic communications device by means of hands free or voice
operated technology, including by:
(A) use of a headset or earpiece to conduct a voice communication;
(B) use of a device that is:
(i) designed to be worn on the wrist; and
(ii) capable of being used to conduct hands free voice communication;
(C) use of technology that uses voice recognition to convert a voice communication into
text for purposes of transmission as a text message, electronic mail message, or other electronic
data; if the device requires the driver to press not more than one (1) button to initiate or terminate
a voice communication or transmission described in this subdivision.
(4) A driver using an electronic communications device while parked on the shoulder of a public
highway.
(5) A driver using an electronic communications device when:
(A) the vehicle is not in motion; and
(B) the vehicle's transmission is in "park".
(6) A driver using:
(A) a navigation or global positioning feature of an electronic communications device; or
(B) a fixed device that is designed to continuously record or broadcast video from within
or outside a motor vehicle; without holding or handling the device.
(7) A driver using a manufacturer installed system that is embedded or integrated into the
vehicle.
Sec. 20-133. - Violations and penalties.
(1) Any person violating any provisions of this article shall be issued a citation and be subject
to the following fines:
(a) Seventy-five dollars ($75.00) for the first violation;
(b) One hundred twenty-five dollars ($125.00) for the second violation;
(c) Two hundred fifty dollars ($250.00) for all subsequent violations.
However, if a person is violating any provisions of this article in a school crossing zone, the
citation shall automatically result in a fine of two hundred fifty dollars ($250.00).
(2) Any person issued a citation for violating any provision of this article shall make payment
through the Ordinance Violations Bureau. Failure to make payment within ninety (90) days
of the issuance of the citation shall result in the assessment of a late fee of fifty dollars
($50.00).
(3)Each violation of this article shall constitute a separate offense, provided however, if a
person has no violations within five (5) years of a prior violation, a subsequent violation will
be treated as a first violation for purposes of Section 20-133(1).
Sec. 20-134. - Deposit of fine monies into Police Department Training Fund.
(1) All monies collected and retained by the City for violation of this article shall be deposited
into the Police Department Training Fund (Fund #220). Such monies shall be used solely for
the purposes designated for such fund. All interest earned on the monies deposited in Fund
#220 shall not revert to the General Fund.
(2)The Department of Administration and Finance shall send monthly written reports to the
Office of the City Clerk, the South Bend Common Council President and the Chair and
Vice-Chair of the Common Council’s standing Committee on Health & Public Safety
detailing the number of tickets issued, the number and amount of fines imposed, the amount
of money collected and the amount of interest earned, with such reporting being filed no
later than the last business day of each month.
Passed on October 28, 2019 by the Common Council of the City of South Bend, Indiana.
Presented to approved and signed by Mayor Peter Buttigieg on October 29, 2019.
Approved: Tim Scott, President of the Common Council
Dawn M. Jones, City Clerk