HomeMy WebLinkAboutOrdinanceCity of Miami
Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 09-01000a Final Action Date: 10/8/2009
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO PROHIBIT THE ACT OF
TEXTING WHILE DRIVING IN A SCHOOL ZONE; PROVIDING FOR
IMPLEMENTATION OF THE PROHIBITION; PROVING FOR A PENALTY;
PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, a study by the Virginia Tech Transportation Institute has concluded that people who
send text messages while driving are 23 times more likely to be in a crash; and
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, a recent poll by Lingo, a mobile voice application company, found that 26% of the
people who have the ability to send text messages 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 create an extreme risk when used by
individuals 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
City of Miami Page 1 of 3 File Id: 09-01000a (Version: 2) Printed On: 7/22/2024
File Number: 09-01000a
simulator were 8 times more likely to have an accident while texting; and
WHEREAS, the City Commission is not unmindful of provisions within Section 316.0075, Florida
Statutes, that 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
WHEREAS, notwithstanding this provision, the City Commission believes that, the specific act of
texting while operating a motor vehicle in a limited area 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 a wireless handset.
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 official
duties:
City of Miami Page 2 of 3 File Id: 09-01000a (Version: 2) Printed On: 7/22/2024
File Number: 09-01000a
(b) a driver using a wireless handset to contact an individual listed in paragraph (a) of this
section 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 violating this ordinance shall be fined in an amount of up to $250.
Violations of this ordinance shall be enforced in the same manner as other violations of Section 316,
Florida Statutes, on municipal roads.
Sec. xxxx. The prohibitions set forth herein shall apply to the act of texting while operating a
motor vehicle as set forth above, where said vehicle is operating in school zones on roads located
within the City of Miami.
* I I
Section 3. If any section, part of section, paragraph, clause, 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 Mayor.{2}
Footnotes:
{1} Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall
be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate
omitted and unchanged material.
{2} 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 Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date
stated herein, whichever is later.
City of Miami Page 3 of 3 File Id: 09-01000a (Version: 2) Printed On: 7/22/2024