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HomeMy WebLinkAbout9946-09 Amend Chapter 20, Inclusion of new article 13 - regulations on the use of handheld mobile telephonesORDINANCE No. ss� Passed by the Common Council of the City of South Bend, Indiana Attest: Attest: July 27, 2P9 Presented by me to the Mayor of the City of South Bend, Indiana July 28, E 2009 Approved and signed by me July 29 2009 City Clerk President of Common Council City Clerk Mayor 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. 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. W owoG�na 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. (4) 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). (5) MOBILE TELEPHONE means a device used by subscribers and other users of wireless telephone service to access such service. Telecommunication Devices in School Crossing Zone Ordinance Page 3 (6) 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.l (7) 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 does not include a communication transmitted through a global positioning or navigation system. (8) TELECOMMUNICATIONS DEVICE means an electronic or digital telecommunications device or digital telecommunications device as addressed in Indiana Code § 9- 24-11-0.5, and includes hand -held mobile telephones and mobile communication devices. (9) 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 to Use Hand -Held Mobile Telephones, Mobile Communication Devices and Telecommunication Devices While Driving in School Crossing Zone. (a) A person violates this Article if the person uses a hand -held mobile telephone to engage in a call or uses a mobile communication device or other telecommunication device to send, read, or write a text message, while operating a moving motor vehicle in a school crossing zone: (1) on an official school day; (2) during the hours when the school crossing zone is in effect; (3) when signs are conspicuously posted to indicate the beginning and end of the school zone; or (4) when signs stating "NO TEXT - MESSAGING OR HAND -HELD CELL PHONE USE IN SCHOOL ZONE" or similar language are conspicuously posted at each entrance to the school zone. 'Indiana Code § 9 -13 -2 -161.5 addresses school crossing zones. Telecommunication Devices in School Crossing Zone Ordinance Page 4 (b) An operator of a motor vehicle who holds a mobile telephone or telecommunications 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. If the person operating a moving motor vehicle in a school crossing zone was: (a) operating an authorized emergency vehicle and using a hand -held mobile telephone, mobile communication device or other telecommunications devise in the course and scope of the person's official duties; (b) using the mobile telephone or mobile communication device to: (1) report illegal activity to a law enforcement agency; (2) communicate with an emergency response operator, a fire department, a law enforcement agency, a hospital, a physician's office, or a health clinic regarding a medical or other emergency situation; or (3) is using a hands -free mobile telephone in a hands -free manner shall be considered exempt from the provisions of this Article. Sec. 20 -133 Violations and Penalties. (a) Any person violating any provisions of this Article shall be issued a citation and be subject to the following fines: (1) Seventy -Five Dollars ($75.00) for the first violation; (2) One Hundred Twenty -Five Dollars ($125.00) for the second violation; (3) Two Hundred Fifty Dollars ($250.00) for all subsequent violations however, if a person violating any provisions of this Article has an accident in a School Crossing Zone, the citation shall automatically result in a fine of Two Hundred and Fifty Dollars ($250.00). (b) 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 thirty (30) days of the issuance of the citation shall result in the assessment of a late fee of fifty dollars ($50.00). (c) Each violation of this Article shall constitute a separate offense. Telecommunication Devices in School Crossing Zone Ordinance Page 5 Sec. 20 -134 Deposit of Fine Monies Into Police Department Training Fund. (a) 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. Any and all interest earned on the monies deposited in Fund # 220 shall not revert to the general fund. (b) The Department of Administration and Finance shall send monthly written reports to the Office of the City Clerk detailing 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. Section II. Chapter 2, Article 19, Section 2 -213 of the South Bend Municipal Code shall be amended to read as follows: Sec. 2 -213. Schedule of ordinance and code violations. (a) The following schedule of ordinance and code provisions are subject to admission of violation before the Violations Clerk and includes the amount of the civil penalty to be assessed a violator who elects to admit a violation: Municipal Code Section Type of Violation Penalty 4 -8 Licensing violation $ 50.00 4 -48 Rubbish and garbage removal 50.00 5 -8 General animal care 15.00 5 -9 Sale of fowl prohibited 15.00 5 -11 Animals in motor vehicles 15.00 5 -12 Poisoning of animals 50.00 5 -13 Trapper of animals 15.00 5 -14 Maximum number of dogs or cats 15.00 5 -15 Acreage requirements 15.00 5 -16 Animals in heat 15.00 5 -17 Removal of animal waste 15.00 5 -23 Keeping certain animals 25.00 5 -26 Interference with humane officer 15.00 5 -27 Potentially dangerous dog licensing 50.00 5 -28 Potentially dangerous dog regulations 50.00 6 -46 Building contractors' registration 50.00 9 -20 Leaf burning 50.00 9 -21 Leaf burning 50.00 9 -22 Leaf burning 50.00 13 -57 Loud and raucous noise 50.00 13 -57.1 Large parties or gatherings 50.00 13 -62 False fire alarm or false fire call 50.00 13 -82 Stationary noises 50.00 13 -87 Collection of recyclable materials by unauthorized person 50.00 13 -91 Defacement or damage to property 50.00 14 -2 Skateboarding 25.00 14 -3 Skateboarding 25.00 14 -4 Skateboarding 25.00 14 -9 Curfew 25.00 14 -14 Residential swimming pool 25.00 14 -17 Open alcoholic beverage container 50.00 14 -42 Parking prohibited in residential lawn areas 100/250.00 14 -43 Parking prohibited on sidewalks or curb areas 100/250.00 14 -53 Special Event in Residentially Zoned Area, First time violation 50.00 Second time violation 100.00 Third time violation and all subsequent violations 200.00 16 -54 Public nuisance 25.00 16 -61 Public nuisance 25.00 18 -7 Snow removal from sidewalks 15.00 18 -57 Street address numbers 15.00/25.00 19 -17 Tree and lawn regulations 15.00 19 -32 Weeds growth restrictions 15.00 19 -35 Weeds and noxious growths 20.00 19 -40 Prohibited acts within parks 50.00 19 -41 Advertising within parks 20.00 19 -42 Parks: Disorderly conduct 50.00 19 -43 Gambling within parks 50.00 19 -45 Parks: Aviation 25.00 19 -46 Camping within parks 50.00 19 -50 Parks: Peddling, sales, etc. 50.00 19 -52 Fires within parks 25.00 19 -54 Parks: Protection of fish 25.00 19 -55 Bathing within parks 25.00 19 -59 Parks: Animals at large 25.00 19 -60 Parks: Horses 25.00 19 -61 Parks: Alcohol and drugs 50.00 19 -63 Parks: Handicapped parking 50.00 19 -64 Parks: Restrictions on vehicles 25.00 19 -68 Parks: Obstructing traffic 25.00 19 -69 Parks: Parking at night 25.00 19 -71 Parks: Driving off pavement 25.00 19 -72 Parks: Working on vehicles 10.00 19 -75 Parks: Curfews 25.00 20 -18 Overtime parking 5.00 115.00 20 -67 Parking restrictions 3.00 20 -100.1 Parking by fire hydrant 50.00 20 -105 Snow removal 25.00 20 -105.1 Snow removal 25.00 20 -109.7 Truck route 50.00 20- 113(b) Handicapped parking 50.00 20 -116 Residential parking sticker 5.00 20 -118 Truck parking 50.00 20 -133 Use of Hand -Held Mobile Telephones & Other 75.00/125.00/250.00 Devices While Driving in School Zones 21 -174 Sign regulations 25.00/50.00 Telecommunication Devices in School Crossing Zone Ordinance Page 8 (b) This schedule shall establish civil penalties to be assessed a violator who elects to admit to an ordinance or code violation, but shall in no way impair the ability of the City to bring suit to seek the imposition of any fine greater than that provided for by the schedule that is otherwise allowed by the Municipal Code of the City of South Bend and/or any State law. (c) Civil penalties shall be paid to, receipted, and accounted for by the Violations Clerk under procedures provided by the State Board of Accounts. (d) Payment of civil penalties may be made in person or by mail to the Violations Clerk. (e) Upon a person waiving the right to trial and entering an admission of a violation with the Violations Clerk, the Clerk shall assess and receive from the violator the amount prescribed by the schedule set forth in subsection (a) herein. (f) The provisions of IC 33- 36- 2- 1-- 33- 36 -2 -3 and 33- 36- 3- 1-- 33- 36 -3 -7, as they may be amended from time to time, shall govern the operation of the Violations Bureau and collection of all civil penalties. (Ord. No. 7992 -89, § 1; Ord. No. 8080 -90, § 1; Ord. No. 8113 -90, § I; Ord. No. 8151 -90, § 1; Ord. No. 8166- 91, § 1; Ord. No. 8178 -91, § 2; Ord. No. 8198 -91, § 1; Ord. No. 8206 -91, § 2; Ord. No. 8211 -91, § 4; Ord. No. 8218 -91, § 2; Ord. No. 8228 -91, § 2; Ord. No. 8358 -93, § 2; Ord. No. 8386 -93, § 2; Ord. No. 9749 -07, § 2; Ord. No. 9785 -07, § 2) Section III. Chapter 20, Article 6, Section 20 -98 of the South Bend Municipal Code shall be amended to read as follows: Sec. 20 -98 Obedience to School Crossing Guards Required-Penalty. U No operator of a vehicle or any pedestrian shall -A411full 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. (b) School Crossing Guards may take the license number of any motorist violating this section and who violates Section 20 -131 which prohibits the operator of a motor vehicle to use a hand -held mobile telephone or telecommunications device while driving in a school crossing zone and report, it to the South Bend Police Department. (c) It shall be a violation of this section for the operator of any motor vehicle to fail to stop when ordered to do so by a School Crossing Guard. (d) Any person violating any provisions of this Section may be issued a citation which is subject to a fine of fifty dollars ($50.00); with all such fines being deposited into the Police Department Training Fund (Fund # 220). Section IV. Severability. If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason declared to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Telecommunication Devices in School Crossing Zone Ordinance Page 9 Section IV. This ordinance shall be in full force and effect from and after is passage by the Common Council, approval by the Mayor and legal publication. lGAZA G CouAcil Member Karen L. Whit, Chairperson Health and Public Safety Committee It If .19 Co ember Zello, Vice - Chairperson Health a blic Safety Commi ouncil ber Thomas LaFountain. Chairperson Personnel and Finance Committee JIoorde, City Clerk Ywavw&W by me to Stephen J. Luecke, the Mayor of the City of South Bend, Indiana, on the 2X-t day of -3 L,6 2009, at Q `-off o'clock ,�-. m. GWffr d aired min by me on o'clock -,.m. 1 st READING 1 " (3 - 01 PUBLIC FIEARI.4G -j -1-) -6 j 3rd READING NOT APPROVE'] P EFERR EQ PASSED Janice Vloom, Deputy Clerk fl- the 2e day of 2009, at 'T : /o /-,- Stephen J. Luec Mayor of the City of South Bend, Indiana Filed In Cle ' C fife JUL - �Un� JQHt. VOOROE CITY CLERK, SO. BEND, IN. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 48 -09 A BILL 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 SOUTH BEND MUNICIPAL CODE Respectfully report that they have examined the matter and that in their opinion, this bill is being Tecomrriended to the full Council with a favorable recommendation. Ann Puzzello Chairperson, Committee of the Whole Derek D. Dieter President Oliver J. Davis Vice - President Ann Puzzello Chairperson, Committee of the Whole Derek D. Dieter First District Henry Davis, Jr. Second District Thomas LaFountain Third District Ann Puzzello Fourth District City of South Bend Common Council 441 County-City Building . 227 W. Jefferson Blvd June 30, 2009 South Bend, Indiana 46601 -1830 Members of the South Bend Common Council 4t' Floor County -City Building South Bend, Indiana 46601 (574) 235 -9321 Fax (574) 235 -9173 TDD (574) 235 -5567 http://www.southbendin.gov Re: Ordinance to Ban Hand -Held Cell Phones and Texting While Driving in School Crossing Zones Dear Council Members: Public safety throughout South Bend is a top priority in our community. Since late last Fall, we have been studying ordinances in other communities which ban the use of hand -held cell phones and other texting devices while driving in school crossing zones. As you can see from the map which is attached for informational purposes, South Bend has many public and private schools located throughout the city. Preliminary drafts of the proposed ordinance have been shared with both the City Administration and the Police Department Administration prior to he formal filing of this Bill with the Office of the City Clerk. David Varner On July 1, 2009, a new Indiana state law will take effect which prohibits a driver of Fifth District a vehicle under the age of eighteen (18) to operate a vehicle while using a telecommunications device, except for 911 emergencies. Oliver J. Davis Sixth District Al `Buddy' Kirsits At Large Timothy A. Rouse At Large Karen L. White At Large We believe the attached ordinance will compliment the new state law. The proposed ordinance would: • Prohibit a driver from using a hand -held telephone and other hand -held telecommunication device to send, read or write a text while driving in a school crossing zone • Such prohibitions would be on school days, during the hours that the school crossing zone is in effect; or where signs are posted • Emergency vehicle drivers would be exempt • A driver using a hands -free mobile telephone in a hands -free manner would be exempt • A driver who is reporting a 911 emergency would be exempt • A driver using a hands -free mobile telephone in a hands -free manner would be exempt • A driver who is reporting a 911 emergency would be exempt • Penalties would be $75 for the 1St violation; $125 for the 2nd violation and $250 for all subsequent violations • If a person violates this ordinance and causing an accident the fine would automatically be $250 • Updates the "Schedule of Ordinance and Code Violations" by including the penalty amounts for violations of the ordinance for driving in a school crossing zone while using an hand -held cell phone or other hand -held texting device • Updates the current South Bend Municipal Code section 20 -98 addressing "Obedience to School Crossing Guards" and establishes a fine for disobedience It is our plan to work cooperatively with school officials so that they can provide updates to the students and their parents and guardians for the upcoming school year. In that vein, we have draft a very preliminary brochure which we are also attaching for informational purposes only. We recommend that this proposed ordinance be sent to the Health and Public Safety Committee and the Personnel and Finance Committee so that a joint meeting may be held. Thank you. Sincerely, 6o Member Karen L. ite, Chairperson Heath and Pubic Safety Committee Vice - Chairperson Heal Counci?'Member Thomas LaFountain. Chairperson Personnel and Finance Committee Attachments 1 st READING PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED Filed In Clerk's Office J U L - 8 2009 J T'v J ^3,,3E c: Ty 0l.:rt 3. 6 �aD, 1N.