Loading...
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