[HISTORY: Adopted by the Rockland County
Legislature as indicated in article histories. Amendments noted where
applicable.]
[Adopted 5-18-2004 by L.L. No. 7-2004]
The Legislature of Rockland County hereby finds
that recent events have focused residents of Rockland County on how
easy "photo phone" users can take pictures or images of others without
the subjects' knowledge. This is especially disconcerting in the context
of places such as gyms and locker rooms, where many people expect
and deserve a certain degree of privacy. Because it is easy for "photo
phone" users to take pictures while appearing to talk on the phone,
there exists the potential that photos will be taken of persons in
potentially compromising or embarrassing positions and in places that
they would not normally expect such pictures to be taken. This article
would ban the use of "photo phones" where the subject(s) does not
know that he or she is the subject of the photo from all areas where
there exists an expectation of privacy and punish those who violate
the law.
As used in this article, the following terms
shall have the meanings indicated:
Any mechanical, digital or electronic viewing device, camera
or any other instrument capable of recording, storing or transmitting
visual images that can be utilized to observe a person.
Any device or connected electronic or mechanical system that
acts as both an imaging device and a transmission device, regardless
of size or shape.
Any area where persons would normally expect a certain modicum
of privacy, even in the presence of other persons, or would normally
expect to be in various stages of undress, including, but not limited
to, lockers room, gyms, weight rooms, indoor saunas, indoor swimming
pools, indoor hot tubs, and similar indoor places.
Any wired or wireless mechanical, digital or electronic device,
camera or any other instrument capable of giving, providing, delivering,
mailing, sending, forwarding, transferring or transmitting a visual
image created by an imaging device, electronically or otherwise, to
another person.
A person is guilty of unlawful use of a photo
phone when he or she uses a photo phone in a private area as either
an imaging device or as a transmission device without the consent
of the person or persons in the photo.
A.
A first offense for failure to comply with the provisions of § 318-3 of this article shall constitute a violation and shall be punishable by a fine not exceeding $250 or imprisonment for a period not to exceed 15 days, or by both such fine and imprisonment. Each offense shall constitute a separate and distinct violation for each day the offense is continued.
B.
A failure to comply with the provisions of § 318-3 of this article for a person who has been previously convicted of violating this article shall constitute a Class A misdemeanor, punishable by a fine not exceeding $1,000 or imprisonment for a period not exceeding one year, or by both such fine and imprisonment. Each use of a photo phone, whether as an imaging device or as a transmission device, shall constitute a separate and distinct misdemeanor hereunder.
This article shall not apply to:
A.
Law enforcement personnel engaged in their authorized
duties;
B.
Premises surveillance systems, provided that persons
in the private area are notified by a sign at least two feet by three
feet at all entrances to such private area that such surveillance
system exists in the private area; and
C.
Premises surveillance systems, provided that they
are installed in such a manner that their presence is clearly and
immediately obvious to persons in the private area.
[Adopted 12-16-2008 by L.L. No. 15-2008]
This article shall be known as the "Driving
While Texting Law."
A.
The use of mobile phones, also known as "cellular
phones," has increased in popularity during the last several years.
B.
According to studies conducted by the American Automobile
Association (AAA), any activity that takes a driver's attention off
the road for more than two seconds can double a driver's risk of crash.
C.
The federal government estimates that 30% of all crashes
in the United States result from driver distraction. Statistics from
the 2006 New York State Department of Motor Vehicles also indicated
that nearly 30% of accidents in the state involve driver distraction
or inattention. According to a 2006 joint report issued by the National
Highway Traffic Safety Administration and the Virginia Tech Transportation
Institute, nearly 80% of crashes and 65% of near-crashes observed
in their study involved a driver distracted in the three seconds prior
to an accident.
D.
Rockland County enacted a law regulating cell phone
usage while driving. Subsequently, the New York State Legislature
passed a state-wide ban on the use hand-held cell phones while driving.
E.
When New York State banned motorists from talking
on hand-held cellular phones in 2001, text messaging was fairly uncommon.
However, since that time, text messaging has become an increasingly
popular form of communication. Indeed, according to a trade group
for the cell phone industry, the Cellular Telecommunications and Internet
Association — The Wireless Association, in 2006, United States
wireless subscribers, of which there are currently 251.45 million,
sent 158 billion text messages, an increase of 95% from 2005, which
translates into approximately 300,000 text messages per minute.
F.
Text messaging is now one of the latest electronic
obsessions and driving dangers. In fact, a January 2007 survey conducted
by Nationwide Mutual Insurance Company found that 19% of motorists
between the ages of 18 and 60 admitted to text messaging while driving,
and that 37% of drivers between the ages of 18 and 27 indicated that
they do text messaging while operating a motor vehicle (and text messaging
is especially dangerous since text messaging requires drivers to take
their eyes and mind off of the road, as well as their hands off of
the steering wheel, while operating a motor vehicle).
G.
The States of Washington and New Jersey passed laws
banning text messaging while driving. Since July 2008, California
drivers under the age of 18 are prohibited from using all cell phones
and other electronic devices while driving, while older drivers may
only use hands-free devices. There are also several bills pending
in the New York State Legislature to ban the use of such devices.
However, in the absence of a state law addressing text messaging while
driving, and until such time as the New York State Legislature does
take action, this article is warranted in order to protect motorists
and pedestrians in Rockland County.
H.
This article would ban motorists from using wireless
handsets to compose, read or send text messages while operating a
motor vehicle on any public street or public highway within the County
of Rockland. Use of hands-free wireless handsets would be permitted
under this article. Notably, this article exempts from its coverage
the use of wireless handsets by law enforcement, emergency and fire
personnel in the performance of their duties, and motorists using
such devices to contact law enforcement, emergency and fire personnel.
This article also exempts motorists using such devices while their
motor vehicle is parked, standing or stopped and is removed from the
flow of traffic, in accordance with applicable laws, rules or ordinances,
or is stopped due to the inoperability of such motor vehicle. A vehicle
is inoperable when such vehicle is incapable of being operated or
being operated in a safe and prudent manner due to mechanical failure,
including, but not limited to, engine overheating or tire failure.
As used in this article, the following terms
shall have the meanings indicated:
The manner in which a wireless handset is operated for the
purpose of composing, reading or sending text messages, by using an
internal feature or function, or through an attachment or addition,
including but not limited to an ear piece, head set, remote microphone
or short-range wireless connection, thereby allowing the user to operate
said device without use of hands.
A motor vehicle that is incapable of being operated or incapable
of being operated in a safe and prudent manner due to mechanical failure,
including but not limited to engine overheating, nonfunctioning brakes
or tire failure.
Any vehicle that is self-propelled by a motor, including,
but not limited to, automobiles, trucks, vans, construction vehicles,
etc.
Any natural person, corporation, unincorporated association,
firm, partnership, joint venture, joint stock association or other
entity, or business organization of any kind.
Not in motion.
The process by which users send, read or receive messages
on a wireless handset, including, but not limited to, text messages,
instant messages, electronic messages or e-mails, in order to communicate
with any person or device.
To hold a wireless handset in one's hand or read or touch
one within arm's length of the driver.
A portable electronic or computing device, including but
not limited to cellular telephones, portable computers and personal
digital assistants (PDAs), capable of transmitting data in the form
of a text message.
A.
No person shall use a wireless handset to compose,
read or send text messages while operating a motor vehicle on any
public street or public highway within the County of Rockland.
B.
Notwithstanding Subsection A, this article shall not be construed to prohibit the use of any wireless handset by:
(1)
Any law enforcement, public safety or police officers,
emergency services officials, first aid, emergency medical technicians
and personnel, and fire safety officials in the performance of duties
arising out of and in the course of their employment as such;
(2)
A person using a wireless handset to contact an individual listed in Subsection B(1) in furtherance of obtaining or giving assistance to first responders, or addressing emergency service or public safety matters, except as may be prohibited by other laws; or
(3)
A person using a wireless handset inside a motor vehicle
while such motor vehicle is parked, standing or stopped and is removed
from the flow of traffic, in accordance with applicable laws, rules
or ordinances, or is stopped due to the inoperability of such motor
vehicle.
A.
A violation of any provision of this article shall
constitute an offense and be punishable by a fine not exceeding $150
for each single violation. Each such violation shall constitute a
separate and distinct offense.
B.
This article shall be enforced by the Rockland County
Sheriff's Department and may be enforced by any other law enforcement
agency having jurisdiction to act in the County of Rockland, which
may enforce the provisions of this article by the issuance of a summons
to a party violating the provisions of this article.
This article shall be null and void on the day
that statewide legislation goes into effect, incorporating either
the same or substantially similar provisions as are contained in this
article, or in the event that a pertinent state or federal administrative
agency issues and promulgates regulations preempting such action by
the County of Rockland. The County Legislature may determine by resolution
whether or not identical or substantially similar statewide legislation
or pertinent preempting state or federal regulations have been enacted
for the purposes of triggering the provisions of this section.
