[Adopted 5-13-2008 by L.L. No. 19-2008 (Ch. 467, Art. V,
of the 1985 Code)]
A.
This Legislature hereby finds and determines that according to CTIA,
an international organization representing all sectors of wireless
communications, including cellular, personal communication services,
and enhanced specialization mobile radio, United States subscribers
sent close to 65,000,000,000 text messages through the first half
of 2006.
B.
This Legislature further finds and determines that drivers sending
text messages while driving are responsible for motor vehicle accidents
throughout the country.
C.
This Legislature also finds that reports indicate that 32% of young
drivers text message while driving.
D.
This Legislature finds that a recent national survey by Virginia
Tech showed that distracted drivers are to blame for eight out of
every 10 accidents.
E.
This Legislature also determines that text messaging while driving
inevitably decreases safety on the road, affecting driver reaction
time and attention to the surrounding environment.
F.
Therefore,
the purpose of this article is to prohibit text messaging while driving.
As used in this article, the following terms shall have the
meanings indicated:
Also referred to as "short messaging service (SMS)," which
allows users to send or receive short text messages on wireless handsets.
For the purpose of this article, an e-mail shall be considered a text
message.
Activating, deactivating or initiating functions or keys
on a wireless handset.
The capability by which wireless handsets can be activated
and controlled by voice commands.
A portable computing device, including cellular telephones
and personal digital assistants (PDAs), capable of transmitting data
in the form of e-mail and/or text message.
A.
Pursuant to Article IX, § 2(c)(10), of the New York Constitution, and in order to protect the health, safety, and well-being of persons within the County, no person shall use a wireless handset to compose or send text messages while operating a motor vehicle on any public street or public highway within the County of Suffolk, while the motor vehicle is in motion on such public street or public highway.
A.
Any violation of any provision of § 818-32 of this article shall constitute an offense and be punishable by a fine not to exceed $150 for each violation. Each such violation shall constitute a separate and distinct offense.
B.
Enforcement.
(1)
This article shall be enforced by the Suffolk County Police Department
and sworn officers of an authorized Police Department or force of
a town or village within the geographic boundaries of Huntington,
Islip, Babylon, Smithtown, and Brookhaven.
(2)
This article shall be enforced by the County Sheriff's Department
and sworn officers of an authorized Police Department or force of
a town or village within the geographic boundaries of the Towns of
Shelter Island, Riverhead, Southold, Southampton, and East Hampton.
(3)
This
article may be enforced anywhere within the geographic boundaries
of the County of Suffolk by a police officer as defined in § 1-20(34)
of the New York Criminal Procedure Law.
This article shall apply to all actions occurring on or after
the effective date 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 Suffolk.
The County Legislature may determine via mere 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.
This article shall take effect 90 days after its filing in the
office of the Secretary of State.
