[Adopted 10-19-2009]
The title of this law shall be "A Local Law Prohibiting The
Use Of Portable Electronic Devices While Operating A Motor Vehicle
In The Town Of Cheektowaga."
The use of portable electronic devices while driving is a growing
problem on our roads. This activity by its very nature involves the
driver taking hands off of the wheel and eyes off of the road, and
it is a clear distraction that leads to accidents and fatalities.
Until such time as the New York State legislature passes a similar
law, the Town of Cheektowaga needs to address this problem with a
local law.
As used in this law, the following terms shall have the meanings
indicated:
A motor vehicle that 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.
Any vehicle that is self-propelled by a motor, including
but not limited to, automobiles, trucks, vans, buses, 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.
Any handheld mobile telephone as defined by Subdivision 1
of § 1225-c of the Vehicle and Traffic Law of the State
of New York, personal digital assistant (PDA), handheld device with
mobile data access, laptop computer, pager, broadband personal communication
device, two-way messaging device, electronic game, or portable computing
device.
Not in motion.
Holding a portable electronic device while viewing, taking
or transmitting images, playing games, or composing, sending, reading,
viewing, accessing, browsing, transmitting, saving or retrieving e-mail,
text messages, or other electronic data.
No person shall operate a motor vehicle while using any portable
electronic device while such vehicle is in motion on any public street
or public highway within the Town of Cheektowaga outside the corporate
limits of the Villages of Depew and Sloan.
A.
Section 235-61 of this article shall not apply to:
(1)
The use of a portable electronic device for the sole purpose of communicating
with any of the following regarding an emergency situation: an emergency
response operator, a hospital, a physician's office or health clinic,
an ambulance company or corps, a fire department, district or company;
or a police department;
(2)
Any of the following persons while in the performance of their official
duties: a police officer or peace officer; a member of a fire department;
or the operator of an authorized emergency vehicle as defined in Section
101 of the Vehicle and Traffic Law of the State of New York;
(3)
Any law enforcement, public safety or police officers, peace officers,
emergency services officials, first aid, emergency medical technicians
and personnel and fire safety officials in the course of their employment
as such;
(4)
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 person who holds a portable electronic device in a conspicuous
manner while operating a motor vehicle is presumed to be using such
device. The presumption established by this section is rebuttable
by evidence showing that the operator was not using the device within
the meaning of this law.
A.
A violation of § 235-61 of this article shall constitute an offense and shall be punishable by a fine not to exceed $200 for each single violation. Each such violation shall constitute a separate and distinct offense.
B.
This article shall be enforced by the Town of Cheektowaga Police
Department and may be enforced by any other law enforcement agency
having jurisdiction.
This article shall be null and void on the day that the statewide
New York 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 Town
of Cheektowaga. The New York State legislature may determine via resolution
whether identical or substantially similar statewide legislation or
preempting regulations have been enacted for the purposes of triggering
the provision of this section.
If any section, subsection, sentence, clause, phrase or other
portion of this article is for any reason declared unconstitutional
or invalid, in whole or in part by any court of competent jurisdiction,
such portion shall be deemed severable and such unconstitutionally
or invalidation shall not affect the validity of the remaining portions
of this law which remaining portions shall remain in full force and
effect.
This article shall take effect immediately and shall be filed
in the Office of the Secretary of State in accordance with Section
27 of the Municipal Home Rule Law.
