HomeMy WebLinkAboutO-1446ORDINANCE NO. 1446
AN ORDINANCE TO RESTRICT USE OF WIRELESS
COMMUNICATION DEVICES WHILE DRIVING
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, AS FOLLOWS:
WHEREAS, the City Council of the City of Fairhope, Alabama, is aware of growing public
concern regarding the safety implications of the widespread use of wireless communication
devices while operating motor vehicles; and,
WHEREAS, the City Council of the City of Fairhope, Alabama, finds that restricting the use of
wireless communication devices while operating motor vehicles would best serve public health,
safety and welfare; and,
SECTION 1: RESTRICTED USE OF WIRELESS COMMUNICATION DEVICES
WHILE DRIVING.
(A) Definitions.
The following words, terms, and phrases when used in this section, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning.
Except as may be otherwise provided in this division, all words and phrases used in this division
which are defined in Code of Ala. 1975 § 32-1-1.1 shall have the meanings ascribed to them in
that section.
Wireless Communication Device shall include a cellular, analog, wireless or digital device,
computer or telephone, capable of accessing the internet or sending, receiving or downloading
any electronic or digital data, including, but are not limited to, videos, pictures, or
communications, such as electronic mail, instant messages and text messages. Such device may
include telecommunication capabilities. Covered devices include, but are not limited to, devices
commonly known as Blackberries, iPhones, iPads, Kindles, laptops, netbooks and other
similarly equipped wireless devices. Covered devices shall not include voice radios, mobile
radios, land mobile radios, commercial mobile radios or two-way radios with capability to
transmit and receive voice transmission utilizing a "push to talk" or "press to transmit" function.
(B) Restricted Use of Wireless Communication Devices While Driving.
No person shall operate a vehicle upon any highway, roadway or street while using a wireless
communication device to send, receive, download or view any electronic or digital content
including music, video, picture or communication including, but not limited to, electronic mail,
instant messaging or text messaging.
(C) Exceptions.
Subsection (B) shall not apply only in the following instances:
(a) an emergency services professional using a wireless communication device
while operating an authorized emergency vehicle in the due course of business;
personal use of a wireless communication device shall remain subject to the
provisions contained in Subsection (B);
(b) an individual using a wireless communication device to make or receive a
telephone call;
(c) an individual using a wireless communication device to obtain emergency
services including, but not limited to, an emergency call to a law enforcement
agency, health care provider, fire department, or other emergency services
agency or entity;
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Ordinance No. 1446
Page -2-
(d) an individual using a wireless communication device while the motor vehicle is
parked on the shoulder of the highway, roadway or street, or the vehicle is
stopped due to normal traffic being obstructed and the vehicle transmission is in
neutral or park;
(e) Global Positioning System (GPS) or navigation units that are affixed to vehicle.
(D) Stopping Vehicle Solely to verify Violations of Subsection (B) is prohibited
(a) no law enforcement officer shall stop a vehicle solely for the purpose of
verifying a suspected violation of Subsection (B);
(b) the provisions of Subsection (B) shall not constitute probable cause for search
of the vehicle involved.
(E) Penalty.
Any person who violates any provision of this division shall upon conviction be punished, in
addition to such other punishment as may be provided by the court, by fines and penalties as
follows:
(a) for a first conviction, by a fine of $100.00 or by imprisonment of not more than
10 days;
(b) for a second conviction, by a fine of $200.00 or by imprisonment for not more
than 30 days;
(c) for a third or subsequent conviction, by a fine of $500.00 or by imprisonment
for not more than three months or by both such fine and imprisonment.
SECTION 2: SEVERABILITY
That the provisions of this Ordinance are severable. If any section, subsection, sentence, clause,
phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any
court of competent jurisdiction, such portion shall be deemed a separate, distinct, and
independent provision, and such holding shall not affect the validity of the remaining portions
thereof.
SECTION 3: EFFECTIVE DATE.
That this ordinance shall become effective sixty days (60) days from and after the date of its
adoption.
ADOPTED THIS 14TH DAY OF MARCH 2O11
ATTEST:
Lis4A.anks, City Clerk
c
aTim4MKani, Mayor