HomeMy Public PortalAboutOrdinance 00:36 O ri inance
Councilman Presents the following Ordinance Seconded by Councihnan
ORDINANCE AMENDING CHAPTER 168 OF THE CODE OF THE
BOROUGH OF CARTERET BY ADDING A NEW SUBSECTION
REGULATING THE USE OF MOBILE TELEPHONES WHILE OPERATING
A MOTOR VEHICLE
WHEREAS, the Mayor and Council of the Borough of Carteret has not previously
defined and or regulated the use of mobile telephones while operating a motor vehicle
within the Borough limits; and
WHEREAS, the Mayor and Council believe that the operation of motor vehicles on
public roadways while using mobile telephones may cause the operator to maintain less
than full-time attention to the operation of said motor vehicle; and
WHEREAS, the Mayor and Council believe that the regulation of the use of mobile
-- telephones while operating motor vehicle within the Borough will enhance the safety of
those persons operating motor vehicles as well as pedestrians in the Borough.
NOW, THEREFORE BE IT ORDAINED by the Mayor and Council of the Borough
of Carteret, that there is hereby created a new Section of the Code of the Borough of
Carteret designated Chapter "168-12" which shall read as follows:
1. That a new Chapter 168-12 be and is hereby established entitled "Use of
Mobile Telephones".
2. That within said new Chapter 168-12 them by established a Section 168-12.
A entitled "Definitions" to read as follows:
"Mobile telephone" - including but not limited to cellular, analog,
wireless digital telephones.
"Use" to use a mobile telephone in (a) dialing; (b)answering; (c) talking
(d) listening.
"Park" for an automatic transmission vehicle that the vehicle is in the
park gear, for a standard transmission that the vehicle is in the neutral
hear and the brake is being utilized or the vehicle is otherwise stationary.
3. That within said new Section 168-12 them be established a Section 168-12.
B. entitled "Purpose" to read as follows:
It is the purpose of this Ordinance and the policy of the municipality to
regulate the use of mobile telephones by persons operating motor
vehicles in order to protect other persons within the municipality. This
Ordinance shall be liberally construed and applied to promote its
purposes and policy.
4. That within said new Section 168-12 there be established a Section 168-12.
C entitled "Severability" to read as follows:
NO. 00-~ PAGE
In the event that any provision of this Ordinance is found by a Court of
.~ competent jurisdiction to be invalid, unconstitutional or unenfomeable,
such provision shall be deemed severaable from the remainder of this
Ordinance and shall not cause the invalidity of unenforceability of the
remainder of this Ordinance: and if a provision shall be deemed invalid
only because of excessive scope of breadth, the provision shall be
deemed valid to the extent of the scope and breadth permitted by law.
5. That within said new Section 168-12 there be established a Section 168-12.
D. entitled "Use; Restrictions" to read as follows:
(1) Permitted Uses
Notwithstanding anything contained in this chapter to the
contrary, this ordinance shall not be construed to prohibit the use
mobile telephones by:
a. any law enforcement, public safety or police officers
emergency management officials, first aid, emergency
medical technicians and personnel and fire safety officials in
the performance of duties arising out of and in the course of
their employment as such.
b. a person who is using the mobile telephone to contact public
safety forces under emergent conditions; or
c. while maintaining the vehicle in the parked position either on
public or private property, or with a "hands free device"
which allows the operator to maintain both hands on the
vehicle applicable steering device while using the mobile
telephone.
(2) Restrictions
No person shall operate a motor vehicle on any street or highway
while engaging in any conduct defined as the "use" of a mobile
telephone unless the operator is using a mobile telephone with
"hands-free" technology for dialing, answering, talking and
- listening, maintains both hands on the applicable steering device.
NO. 00-~ PAGE
6. That within said New Section 168-12 there be established a Section 168-
12.E. entitled "Penalties" to mad as follows:
Violations of any provision of this ordinance shall be punishable by a fine
not to exceed $250.00.
BE, IT FURTHER ORDAINED that this ORDINANCE shall become effective
November 1, 2000.
BE, IT FURTHER ORDAINED, that in addition to publishing legal notice of the
ORDINANCE in connection with the statutorily required public hearing; that upon this
ORDINANCE becoming effective the Borough Clerk is hereby directed to advertise
this ORDINANCE in two newspapers which are circulated on at least a weekly basis in
the Borough.
DO NOT USE SPACE BELOW THIS LINE
RECORD OF COUNCIL VOTE
F~ ~ S~R0
O'BRI~ ~A
MAYOR FAIl.ACE I
X - Indicate Vote AB - Absent NV - Nor Voting XOR - Indicates Vote to Overrule Veto
Adopted on first reading of the Council of the Borough of Carteret, N.J., on AnOint 20: 2~
T~an~m on second reading a~er hearing on K~pr~r 9~, 9~
/ ' BOROUGH CLERK ~