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HomeMy WebLinkAboutSubmittal-Commissioner SanchezLll O ..Title O � AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER XX OF TH: CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "XX", TO PROHIBIT-- C THE ACT OF TEXTING WHILE DRIVING IN SCHOOL ZONES; PROVIDING FOR D U 0 IMPLEMENTATION OF THE PROHIBITION; PROVING FOR A PENALTY; PROVIDING FiginA L —1 SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. �._. U ..Body m co WHEREAS, a study by the Virginia Tech Transportation Institute has concluded thED v ' people who send text messages while driving are 23 times more likely to be in a crash; ant') WHEREAS, in crashes or near crashes, texting takes a driver's focus away from the road for an average of 4.6 seconds, which is enough time to travel the length of a football field at 55 miles an hour; and WHEREAS, a test by Car and Driver Magazine found that in some cases, a person's reaction time was harmed more by texting while driving than while driving under the influence of alcohol; and WHEREAS, in January, 2009, the National Safety Council called on state and federal lawmakers to ban the use of cell phones and text messaging devices while driving; and WHEREAS, the Secretary of the United States Department of Transportation has stated that, "If it were up to me, I would ban drivers from texting immediately"; and WHEREAS, in a recent poll by Lingo, a mobile voice application company, found that 26% of the people admit to driving while texting; and WHEREAS, a new poll by the AAA Foundation for Traffic Safety showed that 80% of Americans regarding texting or e-mailing while driving as a very serious safety hazard; and WHEREAS, according to the New York Times, more than 110,000,000,000 text messages were sent in the United States during the month of December, 2008 alone, a tenfold increase in just 3 years; and WHEREAS, texting and portable email are valuable to consumers, businesses, and private individuals throughout the United States, but those services also create an extreme risk when used by individuals while operating motor vehicles; and WHEREAS, a 2008 study by Nationwide Insurance found that 20 percent of drivers in the United States send text messages while operating motor vehicles; and WHEREAS, another study by the University of Utah found that college students using a driving simulator were 8 times more likely to have an accident while texting; and WHEREAS, the City Commission is not unmindful of provisions within Section 316, Florida Statutes, which limit the ability of municipalities to regulate the use of commercial mobile radio services and other electronic communications devices while in a motor vehicle; and Oq- ol'000 - Submi ito. Corrm Ssloner SarIchez WHEREAS, notwithstanding this provision, the City Commission believes that, pursuant to Section 316, the specific act of texting while operating a motor vehicle may be the legitimate subject of municipal regulations; and WHEREAS, the City Commission believes that the threat to the health, safety and welfare of the citizens of the City of Miami from this activity is so great that it demands action by the City Commission; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA, AS FOLLOWS: Section 1. The recitals and findings in the Preamble to this ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Chapter XX of the Code of the City of Miami, Florida, as amended, is amended in the following particulars:{1 } CHAPTER XX Sec. x. Definitions. (a) "Text message" means a message sent or received via a process using wireless handsets. For the purposes of this section, an email shall be considered a "text message." (b) "Wireless handset" means a portable electronic device capable of transmitting or receiving data in the form of a text message. Sec xx. No person shall use a wireless handset to compose, send or read text messages while driving a motor vehicle in a school zone within the City of Miami. Any person driving a motor vehicle who is operating a wireless handset while such vehicle is in motion in a school zone of the City of Miami and shall be presumed to be composing sending, or reading a text message. The presumption created by this subdivision shall be rebuttable by evidence showing that the driver was not composing, sending or reading a text message. Notwithstanding the provisions herein, this section shall not be construed to prohibit the use of a wireless handset inside a motor vehicle to compose, send or read a text message by: (a) any (1) law enforcement, public safety or police officers, emergency services, (2) first aid, or emergency medical technicians or personnel, or (3) fire safety officials, while performing officials duties; (b) a driver using a wireless handset to contact an individual listed in paragraph one of this subdivision to report an emergency situation; or (c) a driver using a wireless handset inside a motor vehicle while such vehicle is parked, standing or stopped and is removed from the flow of traffic, in accordance with applicable laws or rules, or is stopped due to the inoperability of such vehicle. Sec.xxx. Any Person vio|stinqthis ordinance shall UaOuiltyofafine cfupto$25O. Violations ofthis ordinance shall be enforced inthe same manner aeother violations ofSection 316. Florida Statutao, on municipal roads. Seo xxxx, The prohibitions set forth herein shall apply to the act of textinq while operatinq a motor vehicle as set forth above, where said vehicle is ooeratincl on roads located within the City of Miami, *" Section 3. If any section, part of seohon, paragnaph, dause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective thirty (30) days after approval its adoption and signature of the MayorJ2) APPROVED AGTOFORM AND CORRECTNESS: JUL|EC\BRU CITY ATTORNEY 'Footnote O\ Words and/or figures stricken through shall bedeleted. Underscored words and/or figures ahm|| be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. ~ Cl\ This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this (]ndinanoe, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever islater.