Intro Res. No. 1755-2000 Laid on the Table 8/8/2000
Introduced by Legislators Cooper and Towle

RESOLUTION NO. 865 - 2000, ADOPTING LOCAL LAW NO. 2000, A LOCAL LAW TO REGULATE THE USE OF MOBILE TELEPHONES WHILE OPERATING A MOTOR VEHICLE

WHEREAS, there was duly presented and introduced to this County Legislature at a regular meeting held on , 2000, a proposed local law entitled, "A LOCAL LAW TO REGULATE THE USE OF MOBILE TELEPHONES WHILE OPERATING A MOTOR VEHICLE" and said local law in final form is the same as when presented and introduced; now, therefore, be it

RESOLVED, that said local law be enacted in form as follows:

LOCAL LAW NO. -2000, SUFFOLK COUNTY, NEW YORK A LOCAL LAW TO REGULATE THE USE OF MOBILE TELEPHONES WHILE OPERATING A MOTOR VEHICLE

BE IT ENACTED BY THE COUNTY LEGISLATURE OF THE COUNTY OF SUFFOLK, as follows:

Section 1. Legislative Intent.

This Legislature hereby finds and determines that the extensive growth in the wireless communications industry over the past ten years has been accompanied by growing concern for the potential hazards of drivers using wireless communication devices from moving vehicles, projected to reach 80 million cellular telephone users in the United States by the end of 2000.

This Legislature further finds and determines that the National Highway Traffic Safety Administration (NHTSA), whose mission it is to save lives, prevent injuries, and reduce traffic-related health care costs and other economic costs through regulation, enforcement, economic incentives, educational programs, basic and applied research and technology demonstration programs, has taken a particular interest in this issue.

This Legislature also finds and determines that the report prepared by the NHTSA concludes that the inattention and distraction created by the use of cellular telephones while driving increases the risk of crashes with concomitant injury, property damage, lost work hours, and even death.

This Legislature finds that the NHTSA report encourages states to actively enforce their reckless and inattentive driving laws, regardless of the causes of such behavior.

This Legislature determines that increasing concern over the safety of using wireless communication devices while driving, particularly within the public sector, has been reflected in the growing number of legislative initiatives in the states that address the use of mobile wireless communications in vehicles.

This Legislature further finds that the operation of motor vehicles on public roadways while using hand-held mobile telephones may cause the operator to maintain less than full-time attention to the operation of said motor vehicle.

This Legislature also determines that Section 1226 of the NEW YORK VEHICLE AND TRAFFIC LAW, which only requires a motor vehicle operator to have one hand on the steering mechanism at all times when the motor vehicle is in motion, does not address the dangers and risks associated with the use of hand-held mobile telephones while operating a motor vehicle.

This Legislature also finds that advances in technology have made voice-activated mobile telephones, as well as hands-free phone accessories such as cellular headsets and cigarette lighter adapters, available to the public.

This Legislature further finds that the use of such hands-free devices reduces the dangers and risks associated with using a mobile telephone while operating a motor vehicle.

Therefore, the purpose of this law is to regulate the use of mobile telephones while operating motor vehicles within the County of Suffolk to enhance the safety of operators and passengers in the vehicles, as well as pedestrians.

Section 2. Definitions.

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

1. "Use" shall mean talking or listening on a mobile telephone.
2. "Hands-Free Device" shall mean 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.
3. "Mobile Telephone" shall mean, including, but not limited to, cellular, analog, wireless, and digital telephones capable of sending or receiving telephone communications without an access line for service.

Section 3. Prohibition.

Pursuant to Article 9 Section 2(C) 10 of the NEW YORK CONSTITUTION, governing protection, health, safety, and well-being of persons, 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 County of Suffolk, 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.

Section 4. Penalties.

1. Any violation of any provision of Section 3 of this law shall constitute an offense and be punishable by a fine not to exceed $150.00 for each violation. Each such violation shall constitute a separate and distinct offense.
2. In the case of an emergency phone call, it shall be an affirmative defense for an individual to produce documentary evidence that the phone call which represents the alleged violation was made for the sole purpose of contacting:
   1. a 911 emergency telephone number or any successor emergency number thereto;
   2. a hospital;
   3. an ambulance company or corps;
   4. a fire department, fire district, or fire company;
   5. a heath clinic;
   6. a medical doctor's office;
   7. a first aid squad; or
   8. a police department
   
   A person prosecuted under Section 3 of this law may assert such an affirmative defense.
   
   
3. This law 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.
4. This law 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.This law may be enforced anywhere within the geographic boundaries of the County of Suffolk by a police officer as defined in Section 1-20(34) of the NEW YORK CRIMINAL PROCEDURE LAW.

Section 5. Applicability.

1. This law shall apply to all actions occurring on or after January 1, 2001 while the driver is engaged in the use of a mobile telephone.

This law 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 law, 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.

Section 7. Severability.

If any clause, sentence, paragraph, subdivision, section, or part of this law or the application thereof to any person, individual, corporation, firm, partnership, entity, or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part of this law, or in its application to the person, individual, corporation, firm, partnership, entity, or circumstance directly involved in the controversy in which such order or judgment shall be rendered.

Section 8. SEQRA Determination.

This Legislature, being the State Environmental Quality Review Act (SEQRA) lead agency, hereby finds and determines that this law constitutes a Type II action pursuant to Section 617.5(c)(21) of Title 6 of the NEW YORK CODE OF RULES AND REGULATIONS (6 NYCRR) and within the meaning of Section 8-0109(2) of the NEW YORK ENVIRONMENTAL CONSERVATION LAW as a promulgation of regulations, rules, policies, procedures, and legislative decisions in connection with continuing agency administration, management and information collection. The Suffolk County Council on Environmental Quality (CEQ) is hereby directed to circulate any appropriate SEQRA notices of determination of non-applicability or non-significance in accordance with this law.

Section 9. Effective Date.

This law shall take effect immediately upon filing in the office of the Secretary of State.

DATED: October 3, 2000

APPROVED BY:

County Executive of Suffolk County