Village of Great Neck Plaza, NY Chapter 137 Mobile Telephones

[HISTORY: Adopted by the Board of Trustees of the Village of Great Neck 12-6-2000 by L.L. No. 11-2000. Amendments noted where applicable.]

GENERAL REFERENCES

Public telephone — See Ch. 165.

§ 137-1 Purpose.

It is the purpose of this chapter to regulate the use of mobile telephones while operating a motor vehicle within the village.

§ 137-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

HANDS-FREE DEVICE

An attachment, add-on, or addition to a mobile telephone, whether or not permanently installed in the motor vehicle, that when used allows the operator of a motor vehicle to maintain both hands (or prosthetic device or aid in the case of a physically handicapped person) on the applicable steering device.

MOBILE TELEPHONE

Includes but is not limited to cellular, analog, wireless, and digital telephones capable of sending or receiving telephone communications without an access line for service.

USE

Talking or listening on a mobile telephone.

VILLAGE

The Village of Great Neck Plaza.

§ 137-3 Prohibition; effective date.

Effective April 1, 2001, no person shall engage in the use of a mobile telephone while operating a motor vehicle on any public street or public highway within the village while the motor vehicle is in motion on such public street or public highway, unless such mobile telephone is equipped and used with a hands-free device.

§ 137-4 Penalties for offenses.

Any violation of any provision of § 137-3 of this chapter shall constitute an offense and be punishable by a fine not to exceed $10 for the first such violation, $25 for the second such violation, and $150 for each subsequent violation. Each such violation shall constitute a separate and distinct offense. The monetary fine for the first such violation may be waived if a judicial finding is made that the alleged violator had no knowledge of the prohibition set forth in § 137-3.

§ 137-5 Emergency calls.

In the case of an emergency phone call, it shall be an affirmative defense for an individual prosecuted under § 137-3 to produce documentary evidence that the phone call which represents the alleged violation was made for the sole purpose of contacting:

A. A 911 emergency telephone number or any successor emergency number thereto.

B. A hospital.

C. An Ambulance company or corps.

D. A fire department, fire district or fire company.

E. A health clinic.

F. A medical doctor's office.

G. A first-aid squad.

H. A police department.

§ 137-6 Reverse preemption.

This chapter shall be null and void on the day that any federal, state or Nassau County legislation goes into effect incorporating either the same or substantially similar provisions as are contained in this chapter, or in the event that a pertinent federal, state or Nassau County administrative agency issues and promulgates regulations preempting such action by the village.