The URL can be used to link to this page

Home My WebLink About08-23-2010 Work SessionCommittee: Date & Time: Place: Subject: Public Meeting Notice City Council and Mayor Monday, August 23, 2010 at 5:00 p.m. Council Chambers 161 North Section Street Work Session -Various Issues Notice must be stamped, dated and initialed before posted on bulletin board. POSTED 8 -J(e -10 D,\TE .. Cifa@ ct wttin~ SIGNATURE STATE OF ALABAMA COUNTY OF BALDWIN )( )( The City Council met in a Work Session at 5:00 p.m., City Hall, Delchamps Room, 161 North Section Street, Fairhope, Alabama 36532, on Monday, 23 August 2010. Present were: Present were Council President Lonnie L. Mixon, Councilmembers: Debbie W. Quinn, Michael A. Ford, and Rick Kingrea, Mayor Timothy M. Kant, City Clerk Lisa A. Hanks. Councilmember Daniel Stankoski and City Attorney Marion E. Wynne were absent. Council President Mixon called the meeting to order at 4:54 p .m. The following topics were discussed: • Texting while driving was discussed by Gregg Mims for a possible ordinance for the City; and he mentioned ordinances modeled by other Cities. • Debbie Quinn discussed the Breland property at Nelson and Scenic 98 as possible property for the City to possibly purchase through grants or an outright purchase. • Gregg Mims discussed the agenda item for collection of our outstanding Utility Receivables and Court Fines by DiRecManagement. Wayne McBride, owner of DiRecManagement answered questions from the City Council. • Jim Homer, Chaim1an of the Fairhope Environmental Advisory Board, mentioned the simplified version of the FEAB By-Laws will be on the City Council agenda . • Bobby Green presented the new draft of the Tree Ordinance and discussed in detail the changes. The authority of the City to fine and exceed the $500 limit per Code of Alabama was questioned. Council President Mixon asked the City Council to go through and make notes; and we will get with Tut Wynne on this ordinance. • Dan McCrory, Water & Sewer Superintendent, discussed the amendment being presented to the City Council on the Wastewater Reclamation Facilities. Councilmember Kingrea stated that this is different than intended, these are upgrades to the old facility , and we should start over again . Council President Mixon said they wanted to see new contract for upgrades to Wastewater Facilities on 300 Church Street. There being no further business to come before the City Council, the meeting was duly adjourned at 5 :44 p.m. ~~;j.ya~ onnie L. Mixon, Counc1President CITY OF FAIRHOPE WORK SESS IO N AGENDA MONDAY, 23 AUGUST 2010 -5:00 P.M. -CITY COUNCIL CHAMBER 1. Bylaws of the Fairhope Environmental Advisory Board 2 . Texting while Dri vi ng 3. 23 Acres at Point Clear 4. Wastewater Reclamation Facilities 5. Collec tion of Outstandin g Crimina l Fines and Utility Receivables 6 . Tree Ordinance 07-21-lOPOZ:2 9 RCVD L,1V\. I 5~ -f~~l-- --t~ ~c .I. ) ~ ~ & . •.\. ·, \ ' ) ... -. ,,, . . . '. . . . .. . . __ .Ci _ty ~ ~ans: ___ te~ti ·n_g: whlle _:_ .. drivlng -·: . ,' _ < :·; ": ,·.f .,. . ·. : ; · . . • ... . _I ·. ,:' _ . . :· ·; _ , · _ • · • •• · - , Assb~i~t ~d Press public safety <;:ommittee, com- . · pared l_herule t9 a seat belt . : . aIRMINGHAM-··. Binning:· l~w . He says that _officlals be- harn has b~nned texting while H~r e. textihg ~h.He driving is dr.iving : · . _: ... -·' · · · more gangerous thap.driving . ·. The·.Bfrmi-iighamCity Coun-. und_ e_r 'the,ipflu~nce. ', 1· · . . : cil voted, unanimously to set a · t 100 fine for drivers caught · . · Mayor William Bell praised ~xting '. . , } the(:ou.ncil forjo_ining the na-. . , Cpuncilman Joh.naJhan-Aus-., t jonal_ effort ~o reduce texting : .··.!tin, chairman \>f the co~ncWs _ and ~rivirig. · ·. • _. '• • . ' ~:. • • I I • • • .. --.----------------,------~------~-. ~---·-~ -. MONTGOMERY, Ala. --A bill that would ban Alabama drivers from typing or sending text messages while driving has been stalled in a Senate committee for more than a month. The proposed legislation by Republican Rep. Jim Mcclendon of Springville passed the House 95-3 in January. But it hasn't made moved forward since then. Ina survey before the session, 84 percent of House members responding said they support the bill, while 79 percent of senators backed it. Mcclendon said he's optimistic the bill can get a favorable vote in the Senate Judiciary Committee before the session ends in mid-April. If the bill passes, Alabama would become the 20th state to ban texting while driving. Some legislators say a texting ban wou ld be hard to enforce. ORDINANCE NO. 0-511 -10 AMENDING CHAPTER 22, ARTICLE II, OF THE CODE OF ORDINANCES TO PROHIBIT ELECTRONIC MESSAGING WHILE DRIVING WHEREAS , the use of wireless commun icat ions devices by mo tor ists for electronic messag ing has increased in recent years , and ; WHEREAS, while wireless communications devices have assisted with quick reporting of road emergencies, their use has also contributed to acc idents and other mishaps thereby endangering the citizens of the City of Jacksonville , and ; WHEREAS, when motorists hold a wireless communications dev ice in their hand or ha nds to read , compose , and /or send an electron ic message and attempt to d rive , their chances of becoming involved in a traffic mishap increase . THEREFORE, BE IT NOW ORDAINED by the City Council of the City of Jacksonville , Alabama , as follows : SECTION I. Chapter 22 , Article II , of the Code of Ordinances of the City of Jac ksonville is hereby amended to add the following : "Sec. 22.39. Prohibiting electronic messaging while driving . a) Definitions . i) "Electronic message " means a self-conta ined piece of digital communication that is designed or intended to be transmitted between physical dev ices . An e lectronic message includes , but is not limited to , a text-based commun ication , a command or request to access an internet s ite , or other data that uses a commonly recognized electronic communications protocol. ii) "Wireless communication device" means a cellular, analog , w ireless or digital device , computer or telephone , capable of accessing , sending or receiving wireless electronic messages , conversation or other interchange of information , including , but not limited to , a wireless telephone service , a wireless internet service or a wireless text messag ing service , but does not include voice rad ios , mobile radios , land mobile radios , commercial mobile rad ios or two-way radios with the capability 1 Created by Neevia Document Converter trial version http://www .neevia.com to transmit and receive voice transmissions utilizing a "push to ta l k" or "press to transmit" function , or other voice rad ios used by a law enforcement officer, an emergency services provider, an employee or agent of public safety organizations , first responders , school bus operators , taxi cab drivers or mobile commercial enterprises . b) V iolation -Electronic Messaging While Driving . i) A driver of a motor vehicle may not use a wireless communication device to view , send , or compose an electronic message wh ile operating a motor vehicle . (1) It is an affirmative defense to prosecution of an offense under this section if a wireless communications device is used : (a) while the motor vehicle is parked on the shoulder of a roadway or the vehicle is stopped due to normal traffic being obstructed and the vehicle transmission is in neutral or park ; (b) for making a telephone call ; (c) as a global positioning or navigation system that is affixed to the vehicle ; (d) for obtaining emergency assistance to report a traffic accident, medical emergency, or serious traffic hazard , or to prevent a crime about to be committed ; (e) in the reasonable belief that a person 's life or safety is in i mmediate danger; or (f) if the device is permanently installed inside the vehicle . (2) This section does not apply to an operator of an authorized emergency vehicle using a wireless communication device while acting in an official capacity . c) Violations as misdemeanor; penalties . i) It is a misdemeanor for any person to violate any provis ion of the above subsection b). i i) Every person convicted of a misdemeano r for a violation this section , shall for a first conviction thereof be punished by a fine of not more than $50 .00 or by imprisonment for not more than ten days ; for conviction of a second offense committed within one-year after the date of the first offense , such person shall be punished by a fine of not more than $100 .00 or by imprisonment for not more than 30 days or by both such fine and imprisonment; for convict ion of a third or subsequent offense committed within one-year after the date of the first offense , such person shall be punished by a fine of not more than $500 .00 or by 2 Created by Neevia Document Converter trial version http ://www .ne evia .com imprisonment for not more than three months or by both such fine and imprisonment." SECTION II. SEVERABILITY. The provisions of this ordinance are severable. If any provision , section , paragraph , sentence , or part thereof, or the application thereof to any person or thing shall be held unconstitutional or invalid , such holding shall not affect or impair the remainder of this ord inance of the remaining persons or things to which it applies , it being the legislative intent to enact each provision , section , sentence, paragraph , and part thereof, and the application thereof, separately and verbally from each other. SECTION Ill. EFFECTIVE DATE. This ordinance shall become effective March 1, 2010, upon its publication as required by law. PASSED AND ADOPTED, this the 11th , January , 2010. ATTEST : Isl Dorothy P. Wilson City Clerk Dorothy P. Wilson 3 CITY COUNCIL OF THE CITY OF JACKSONVILLE , ALABAMA Isl Johnny L. Smith Mayor Johnny L. Smith Isl Mark Jones Council Member Mark A. Jones Isl George L. Arena Council Member George L. Arena Isl Derek Raulerson Council Member Derek C . Raulerson Isl Sandra Fox Sudduth Council Member Sandra F. Sudduth Isl Truman Norred Council Member R. Truman Norred Created by Neevia Document Converter trial version http ://www .neevia .com Sec. 118-94. Using wireless telecommunication device while driving. (a) It shall be unlawful to manually type or enter multiple letters, numbers , symbols or other text in a wireless communication device , or send or read data in the device, for the purpose of nonvoice interpersonal communication, including texting , emailing and instant messaging. (b) Except as provided in subsection ( c ), this section applies to all drivers during operation of a motor vehicle on the travel portion of public streets, roads and highways . (c) This section does not apply to a driver who is: (1) A law enforcement, fire service, or emergency medical services professional performing official duties . (2) Reporting an emergency, or criminal or suspicious activity to law enforcement authorities. (3) Receiving messages related to the operation or navigation of a motor vehicle; safety-related information including emergency, traffic , or weather alerts ; data used primarily by the motor vehicle; or radio . (4) Using a device or system for navigation purposes. (5) Conducting wireless interpersonal communication that does not require manual entry of multiple letters , numbers , or symbols or reading text messages , except to activate, deactivate , or initiate a feature or function. ( d) Law enforcement officers enforcing this section may enforce this section only as a secondary violation of a driver. ( e) A vio lation of this section shall not constitute probable cause for a search of the vehicle involved. A law enforcement officer may not search or inspect a motor vehicle, its contents, the driver, or a passenger solely because of a violation of this section. (f) It is an affirmative defense to prosecution under this section if a wireless telecommunication device is used: (1) While the motor vehicle is parked on the shoulder of a roadway or the vehicle is stopped due to normal traffic being obstructed and the vehicle transmission is m neutral or park gear; (2) As a global positioning or navigation system that is affixed to the vehicle; (3) For obtaining emergency assistance to report a traffic accident, medical emergency, or serious traffic hazard, or to prevent a crime about to be committed; (4) In the reasonable belief that a person's life or safety is in immediate danger; or (5) If the device is permanently installed inside the vehicle. (g) For purposes of this section, the following words have the following meanings: Wireless telecommunication device means a handheld cellular telephone, a text- messaging device, a personal digital assistant, a stand-alone computer, or any other similar wireless device that is readily removable from a vehicle and is used to write, send, or read text or data through manual input. The term "wireless telecommunication device" does not include a device which is voice-operated and which allows the user to send or receive a text based communication without the use of either hand except to activate or deactivate a feature or function. Write, send or read a text-based communication means using a wireless telecommunication device to manually communicate with any person using text- based communication, including, but not limited to, communications referred to as a text message, instant message, or electronic mail. The term does not include reading, selecting, or entering a telephone number or name in a cell or wireless telephone or communication device for the purpose of making a telephone call. (Ord. No. 0-28-10, § 1, 6-22-2010) ORDINANCE NUMBER 2330 Ordinanc e Number 2330 Pag e l AN ORDINANCE TO PROHIBIT ELECTRONIC MESSAGING WHILE DRIVING WHEREAS, the use of wireless communication devices by motorists for electronic messaging has increased in recent _years , and; WHEREAS, while wireless communication devices have assisted with quick reporting of road emergencies, their use _has also contributed to accidents and other mishaps ; thereby, endangering the citizens of the City of Vestavia Hills, and ; WHEREAS, when motorists hold a wireless communication device in their hand or hands to read, compose, and/or send an electronic message and attempt to drive, their chances of becoming involved in a traffic mishap increase. THEREFORE, BE IT NOW ORDAINED by the City Council of the City of Vestavia Hills , Alabama, as follows: a) Definitions. i) "Electronic message" means a self-contained piece of digital communication that is designed or intended to be transmitted between physical devices. An electronic · message includes, but is not limited to, a text-based communication, a command or request to access an internet site, or other data that uses a commonly recognized electronic communications protocol. ii) "Wireless communication device" means a cellular, analog, wireless or digital device, computer or telephone, capable of accessing, sending or receiving wireless electronic messages, conversation or other interchange of information, including , but not limited to , a wireless telephone service, a wireless .internet service or a wireless text messaging service, but does not include voice radios, mobile radios , land mobil e radios, commercial mobile radios or two-way radios with the capability to transmit and receive voice transmissions utilizing a "push to talk" or "press to transmit" function, or other voice radios used by a law enforcement officer, an emergency services provider, an employee or agent of public safety organizations, fust responders, school bus operators, taxi cab drivers or mobile commercial enterprises. b) Violation -Electronic Messaging While Driving. Ordinance Number 2330 Page2 i) A driver of a motor vehicle may not use a wireless communication device to view, send, or compose an electronic message while operating a motor vehicle. (1) It is an affirmative defense to prosecution of an offense under this section if a wireless communication device is used: (a) while the motor vehicle is parked on the shoulder of a roadway or the vehicle is stopped due to normal traffic being obstructed and the vehicle transmission is in neutral or park; (b) for making a telephone call; ( c) for obtainin,g emergency assistance to report a traffic accident, medical emergency , or serious traffic hazard , or to prevent a crime about to be committed ; (d) in the reasonab le beli ef that a person's life or safety is in immediate danger; .or (2) This section does not apply to an operator of an authorized emergency vehicle using a wireless communication devic e while acting in an official capacity . c) Violations as misdemeanor; penalties . i) It is a misdemeanor for any person to violate any provision of the above subsection "b''. ii) Every person convicted of a misdemeanor for a violation of this section, shall, upon conviction, be punished by a fine not to exceed $100 plus court costs. Each day · any violation of this Ordinance shall continue shall constitute a separate offense." SECTION Il. SEVERABILITY. The provisions of this Ordinance are severable. If any provision, section, paragraph, sentence, or part thereof, or the application thereof to any person or thing shall be held unconstitutional or invalid, such h_olding shall not affect or impair the remainder of this Ordinance or the remaining persons or things to which it applies, it being the legislative intent to enact each provision, section, sentence, paragraph, and part thereof, and the Ordinance Number 2330 Page3 application thereof, separately and verbally from each other. SECTION ill. EFFECTIVE DATE. This ordinance shall become effective upon its posting/publication as required by Alabama law. DONE, ORDERED, ADOPTED and APPROVED, this the 10th d?y of May, 2010. 'n,A,,,~Q• -~~y~ice <l-( · Council President Rebecca Leavings • City Clerk . APPROVED BY: . £!1.::.:::~ Mayor Adopted 7 /22/10 Substitute B ORDINANCE NO. 10-....;4...;;;..64-'---_ WHEREAS, the City Council of the City of Huntsville, Alabama, is aware of growing public concern regarding the safety implications of the widespread use of wireless communication devices while operating motor vehicles; WHEREAS, the City Council of the City of Huntsville, Alabama, finds that restricting the use of wireless communication devices while operating motor vehicles would best serve public health, safety and welfare; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Huntsville, Alabama, that Article IV, General Rules of Vehicle Operation, of Chapter 25, Traffic and Vehicles, of the Code of Ordinances, City of Huntsville, Alabama, as adopted and approved on the 24 th day of April, 2003, be and the same is hereby amended as follows: Section 1. Division 3 of Article IV,-General Rules of Vehicle Operation shall hereby be adopted to read as follows: Division 3. Restricted Use of Wireless Communication Devices While Driving. Sec. 25~180. 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 not limited to, videos, pictures, or communications, such as electronic mail, instant messages and text messages. Such device may also include telecommunication capabilities. Covered devices include, but are not limited to, devices commonly known as smartphones, electronic readers, electronic tablets, laptops, netbooks, GPS devices 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 the capability to transmit and receive voice transmission utilizing a "push to talk" or "press to transmit" function. Substitute B Sec. 25-181. Restricted Use of Wireless Communication Devices While Driving. (a) 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 01: communication including, but not limited to, electronic mail, instant messaging or text messaging. Sec. 25-182. Exceptions. Section 25-181 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 Section 25-181; (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; ( 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) an individual using a wireless communication device as a global positioning or navigation system to receive driving directions which has been pre- programmed with the desired coordinates. A person programming coordinates while operating a vehicle remains a violation of section 25-181 . Sec. 25-183. Stopping Vehicle Solely to Verify Violations of Section 25-181 is prohibited. (a) No law enforcement officer shall stop a vehicle solely for the purpose of verifying a suspected violation of Section 25-181. (b) The provisions of Section 25-181 shall not constitute probable cause for search of the vehicle involved. Substitute B Sec. 25-184. 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 firsrconviction, 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. Notice. The City of Huntsville shall erect a sign on every major thoroughfare entering the City to notify persons traveling to or through the City that the use of wireless communication devices, other than to make a phone call, while operating a vehicle is prohibited within the City. Such signs shall be erected no later than thirty (30) days of the adoption of this ordinance. Section 3. This ordinance shall become effective sixty (60) days from and after the date of its adoption . ADOPTED on this the 22nd day of July , 2010. President of the City Council of the City of Huntsville, Alabama APPROVED on this the 22nd day of July , 2010. ~.~ Mayor o~ City of Huntsville, Alabama