HomeMy WebLinkAboutBill 18-15 Banning the use of hand held electronic devises while drivingBill No.
Ordinance No.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING VARIOUS SECTIONS WITHIN CHAPTER 20. ARTICLE 13 OF
THE SOUTHBEND MUNICIPAL CODE BY AMENDING AND ESTABLISHING CITY-
WIDE REGULATIONS BANNING THE USE OF ALL HAND -HELD ELECTRONIC
COMMUNICATION DEVICES WHILE DRIVING, AND AMENDING
CHAPTER 2, ARTICLE 19, SECTION 2 -213 ADDRESSING
SCHEDULE OF ORDINANCE AND CODE VIOLATIONS
STATEMENT OF PURPOSE AND INTENT
The South Bend Common Council passed Ordinance No. 9946 -09 on July 27, 2009 which
created local public safety regulations banning the use of hand -held mobile telephones, mobile
communication devices and telecommunication devices in school zones. Those regulations were
based on the "public safety interests of helping to protect our school children, our school crossing
guards, and the motoring public in our community ".
At the March 23, 2015 Common Council meeting local high school students presented
information and data on the State of Indiana's statewide program "Drive Now, Text L8r"
campaign.
Currently there are fourteen (14) states which ban the use of hand -held devices while
driving. The Indiana General Assembly has not taken legislative action on prohibiting the use of
all handheld devices while driving. In light of the growing public safety concerns which is
resulting in a higher amount of deaths due to distracted drivers, especially among our young
people, it is believed that a city -wide ban would be in the best interests of our residents and visitors
to our city.
This ordinance would also update the penalty provisions for the violations in the Schedule
of Ordinance and Code Violations set forth in Section 2 -213 of the South Bend Municipal Code.
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Section I. The current language codified into Section 20 -130 of Chapter 20, Article 13 of
the South Bend Municipal Code is deleted and hereby amended to read in its entirety as follows:
ARTICLE 13. CITY -WIDE REGULATIONS BANNING THE USE OF ALL HAND-
HELD ELECTRONIC COMMUNICIATION DEVICES WHILE DRIVING.
See. 20 -130 Definitions.
As used in this Article:
Ordinance Banning Use of All Electronic Communication Devices While Driving
Page 2
(a) Electronic Communication Devices mean any electronic device, including but not
limited to a hand -held wireless telephone, hand -held personal digital assistant, or a portable or
mobile computer, but does not include a global positioning system or navigation system or a device
that is physically or electronically integrated into a motor vehicle.
(b) Motor vehicle means a vehicle that is self - propelled, and as further defined as set forth
in Indiana Code § 9 -13 -2 -105.1
(c) Street or highway means the entire width between property lines of every way or place
of whatever nature when any part thereof is open to the use of the public, as a matter or right, for
the purpose of vehicular traffic.'
Section I1. The current language codified into Section 20 -131 of Chapter 20, Article 13 of
the South Bend Municipal Code is deleted and hereby amended to read in its entirety as follows:
Sec. 20 -131 Use of Hand -Held Electronic Communication Devices While Driving
Prohibited.
A person may not operate a motor vehicle on any street or highway in the city while using a hand-
held electronic communication device.
Section I1I. The current language codified into Section 20 -132 of Chapter 20, Article 13 of
the South Bend Municipal Code is deleted and hereby amended to read in its entirety as follows:
Sec. 20 -132 Limited Exceptions.
This Article shall not apply to:
(a) A law enforcement officer or operator of an emergency vehicle while performing his or
her official duties;
(b) A driver of a motor vehicle, who is driving along, who is using a electronic communication
device for the sole purpose of reporting an emergency situation and continued communication with
emergency personnel during the emergency situation;
(c) A driver of a motor vehicle who is using an electronic communication device in hands -
free or voice - operated mode;
1 On January 1, 2015, Public Law 221 -2014, § 12 took effect which defined motor vehicle as a vehicle that is self -
propelled which does not include a farm tractor, an implement of agriculture designed to be operated primarily in a
farm field or on farm premises, or an electric personal assistive mobility device; and contains numerous cross -
references to Title 9 of the Indiana Code addressing motor vehicle. See also South Bend Municipal Code Section 20-
2(a) (16).
z This definition is also set forth in South Bend Municipal Code Section 20 -2(a) (43).
Ordinance Banning Use of All Electronic Communication Devices While Driving
Page 3
(d) A driver of a motor vehicle using an electronic communication device while parked on the
shoulder of a street or highway;
(e) A driver of a motor vehicle using an electronic communication device when the vehicle is
stopped due to normal traffic being obstructed and the driver has the motor vehicle transmission
in neutral or park;
(f) A driver using an electronic communication device by pressing a single button to initiate
or terminate a voice communication; or
(g) A driver of a motor vehicle using an electronic communication device capable of
performing multiple functions, other than a hand -held wireless telephone or hand -held personal
digital assistant such as a fleet management system, dispatching device, citizens band radio, or
music play, for a purpose that is not otherwise prohibited by this Article.
Section IV. The current language codified into Section 20 -1333 of Chapter 20, Article 13
of the South Bend Municipal Code entitled Violations and Penalties and codified into Section 20-
134 4 of Chapter 20, Article 13 of the South Bend Municipal Code entitled Deposit of Fine Monies
Into Police Department Training Fund is re- affirmed.
Section V. Chapter 20, Article 13 of the South Bend Municipal Code is further amended
by the addition of new Section 20 -135, which is currently reserved, which shall read in its entirety
as follows:
See. 20 -135 Street Signage.
The City of South Bend shall post street signage on all main arterial streets leading into the City,
and at other locations which the Board of Public Works determine necessary, which gives notice
of the ban addressed in this Article.
Section VI. The chart set forth in Chapter 2, Article 19, Section 2 -213 of the South Bend
Municipal Code shall be amended in part to read as follows:
20 -133 Use of Hand -Held Mobile Teleph ne & Other- Deviees 75.00/125.00/250.00
While Dr- iviiig in c,.heel Zones Electronic Communication
Device While Driving
3 South Bend Municipal Code Section 20 -133 calls for fines of $75 for the 1" violation, $125 for the 2 "d violation
and $250 for each subsequent violation, and if there is an accident in a School Crossing Zoning the fine is
automatically $250.
'South Bend Municipal Code Section 20 -134 calls for fines to be deposited into Fund # 220.
Ordinance Banning Use of All Electronic Communication Devices While Driving
Page 5
Section VII. If any part, subsection, section, paragraph, sub - paragraph, sentence, clause,
phrase or word of this ordinance is for any reason declared to be unconstitutional or otherwise
invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance.
Section VIII. This ordinance shall be in full force and effect on July 1, 2015, and from and
after its passage by the Common Council, approval by the Mayor, and legal publication.
Henry Davis, Jr., 3' District Council Member
South Bend Common Council
1� ,-4r:
Office of the City Clerk
M(,�;r/ // & /by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the
day of , 2015, at o'clock . m.
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PUBLIC HEARING
3 rd READING
NOT APPROVJD
REFERRED.
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Janice Talboom, Deputy Clerk
day of
Pete Buttigieg, Mayor
City of South Bend, Indiana
2015, at o'clock
Filed l.r., Office
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CITY CLERK, SOUTH SEND, IN