04-27-15 Common Council Meeting Minutes

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REGULAR MEETING APRIL 27, 2015 Sec. 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. 2 Section II. 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 III. 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; Ordinance Banning Use of All Electronic Communication Devices While Driving Page 3 (a)A driver of a motor vehicle using an electronic communication device while parked on the shoulder of a street or highway; (b)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; (c)A driver using an electronic communication device by pressing a single button to initiate or terminate a voice communication; or (d) 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. 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). 2 This definition is also set forth in South Bend Municipal Code Section 20-2(a) (43). 4